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1^ 


REVISED  AND  ENLARGED  EDITION. 


THE 

AMERICAN  LAWYER, 

AND 

BUSINESS-MAW  FORM-BOOK; 

ccwrTAiiriiTo 

FORMS  AND  INSTRUCTIONS 

For 

Contracts, 

Arbitration  and 

Award,  AsBigTimentB, 

Chattel   MortffBffes,   Billa  • 

of  Sale,  Bill  of  Lading,  Bonda, 

Exchange,  Drafta,  Promissory  Notes, 

Orders,  Receipts,  Due-Bills,  Conveyances, 

Deeds,  Mortgages,  Indentures,  Satisfactions, 

Releases,  Dower,  Leases,  Landlord's  and  Tenant's 

AgreemenU,   Couipositlon  with  Creditors,  Charter  of 

Yesst-ls,  Buildinsf,  Letters  of  Credit  and  Lir.ense,  Marriaffo, 

Articles  of  Partnership,  Power  of  Attorney,  Wills  and  Codicils. 

Trust  Korms,  Barter,  Liabilities  of  Common  Carriers  and  of  Minors. 

^aturait^atwn,  Pre-Emptum  RiyhU  on  Public  ImiuU,  Rightt  to  MUitarv 

Bounty  I^rid    Copyright  J^ws,  ReguUitiont  and  Forms  for  obtaining  Patents 

OtutomhouMe  R,^Uitioni    Domestic  and  Foreign  Rate,  of  Pottage,  A   System  of 

nS.^I^"'^^'"^*"  T"?^'  -E*"^"*^  T-.-".*  Table,  Interest  and  Mensural^ i{u», 

WetghU  and  Measures  of  d^erait  Countries,  Falue  of  Gold  and  SUver  Coins,  ^CJc™ 

TOGETHER    WITH 

THE  I.AWS  OF  THE  VARIOUS   STATES 

ON  THE    aUALlFICATIONS  NECESSARY  FOR  VOTERS 
30USEH0LD  AND  HOMESTEAD    EXEMPTIONS  FROM  EXECUTION   DEEDS 
ACKNOWLEDGMENT   OF    DEEDS,    MECHANICS'    LIEN,   COLLECTION      * 
OF  DEBTS.  LIMITATION  OF  ACTIONS,  REGULATING  CONTRACTS    ' 
CHATTEL    MORTGAGES,    RIGHTS    OF    AURRIED    WOMEN      ' 
DOWER,  EATES  OF  INTEREST,  USURY,  AND  WILLS; 
AND 

A  MAP  A.\D  SEAL  FOR  EACH  STATE  i  THE  L'\10\' 

BY  DELOS  W.'^ADLE,  A.  M., 

ATTORNXT   AND   COUNSXLLOR  *AT   LAW 


NEW    YORK: 

PUBLISHED  BY  ENSIGN,  BRIDGMAN  &  FANNING, 

156  William  Stkket,  and  A.  RANNEY,  193  BHoAnwAV 

CINCINNATI:  It  M.  RULI80N.-CHICA(10 :  RUFUS  BLANCHAiiD 

1857. 


Enteivd,  Hcconling  to  Act  of  Congress,  in  the  year  1851,  by  H.  Phelps  &.  Co.,  and 
Re-entered,  according  to  Act  of  Congress,  in  the  year  1855, 

'  By  ensign,  BRIDGMAN,  <fe  FANNING,  and  C.  C.  SAVAGE, 

in  the  Cleric's  Oflice  of  the  District  Court  of  the  United  States,  in  and  for  the  Southern 
District  of  New  York. 


ATTOHNET    AND    COUarSEttOH    AT    LAW, 


REFERENCES. 
»,«w..    GreenleaF,  LL.D.,  Boston,  Mass.    I.Tohn  P.  Converse,  Esq.,  Parkman.  Ohio. 
Hon.  Wm.  Kent,  LL.D.,  New  York  City.         Wm.  S.  Driggs,  Esq.,  Detroit.  Mich. 
Ja£ON  Stbels,  Esq.,  Windsor,  Vt.  |  Timothy  D.  Crocker,  Esq.,  Burlington.  lo 

Jonathan  Edwards,  Esq..  San  Francisco,  Cal. 


^^  TO  THE  PURCHASER. 


This  book  which  we  now  offer  you  is  emphatically  a  manual  for  the 
guidance  of  any  and  every  man  in  business  transactions,  in  a  manner  pre- 
scribed by  law  and  the  usage  of  trade.  But  in  addition  to  this,  it  embodies 
an  an-ay  of  practical  information  which  makes  it  a  most  valuable  reference- 
book  to  the  business  man ;  and  we  assume  that  there  is  no  otlier  work 
equal  to  it  in  point  of  fullness  and  correctness.  It  has  been  prepared 
by  a  lawyer  of  hij^h  character  and  standing,  whose  professional  re])utation 
is^  sufficient  guaranty  for  its  accuracy,  assisted  by  a  business-man  well 
lainted  with  the  wants  of  the  community  on  ^he  points  which  this  vol- 
is  intended  to  supply. 

px  presenting  its  claims  to  public  favor,  we  do  not  address  ourselves  as 
is  usual  "to  the  Reader,"  but  "to  the  Purchaser,"  for  we  do  not  expect 
ar^  man  to  read  it  through,  but  to  use  it  as  a  reference-book,  not  only  that 
1^  busipess  may  be  done  in  a  form  that  shall  secure  his  legal  right,  but  also 
•^ascertain  what  protection  the  laws  of  the  states  afford  him  in  the  prose- 
Wtion  of  his  business.  When  we  ask  the  business-man  to  purchase  it,  we 
^pect  him  to  inquire,  "  Will  it  Pat  V*    We  answei' — 

It  will  Pay  the  City  Wholesale  Merchant. 

-J  Your  customers  are  scattered  throughout  the  countr}',  and  it  is  important 
Oor  you  to  know  the  laws  of  the  various  States  for  the  Collection  of  Debts, 

qhe  kinds  of  Property  exempt  from  Attachment,  Customhouse  Regulations, 
•'oreign  Weights  and  Measures,  Liabilities  of  Common  Camers,  Forms  of 
iyPowcr  of  Attorney  and  of  revoking  the  same,  Agreements,  and  many  other 
tr  things  which  the  index  will  show. 

j:  It  will  Pay  the  City  Retailer. 

^  We  give  Forms  of  Articles  of  Copartnership,  of  Leases,  Assignment  of 
^  Policy  of  Insurance,  Notes,  Ordeis,  Receipts,  Value  of  Coins,  &c. ;  besides 
/J    important  information  on  various  subjects. 

It  will  Pay  the  Country  Merchant. 

We  give  you  Forms  for  Bills  of  Sale,  Contracts,  Letters  of  Credit, 
Agreement  for  Sale  of  Personal  Property,  Bonds,  Book-Keeping,  Chattel 
Mortgages,  and  a  large  number  of  other  items  adapted  to  your  daily  wants. 

It  will  Pay  the  Attorney. 

Oar  book,  emanating  from  one  whose  legal  acumen  will  not  be  ques^ 
tioned,  gives  the  profession  the  State  Laws  for  the  Collection  of  Debts, 
Laws  Regulating  Conveyances,  the  Limitation  of  Actions,  Projierty 
emptions,  Rates  of  Interest,  Acknowledgments  of  Deeds,  Statutes  of  Frau 
Wills,  &c.,  which  have  been  verified  by  lawyers  residing  in  the  differe 
gtates,  and  a  long  array  of  Forms  for  drafting  business  papers. 

It  will  Pay  the  Farmer. 

We  give  you*  Forms  for  Deeds,  Mortgages,  Satisfaction  of  Moi 
Bills  of  Sale,  Cultivation  of  Land,  Sale  of  Animals  with  Warranty, 
stead  and  other  Exemptions,  Instructions  for  obtaining  Public  Lands  of 
the  government,  and  numerous  other  fonns  and  information  which  niight 
•     be  an  important  to  a  rmnier  nd  his  plough. 


i 


4  TO    THE    PURCHASER. 

It  WILL  Pay  the  Mechanic. 

Turn  to  the  Lien  Laws  for  the  benefit  of  Mec-hanics,  Liabilities  of  Mi- 
nors, Indentures  for  an  Apprentice,  Articles  of  Partnership,  forms  and  rules 
prescribed  for  securing  Patents,  Contracts,  Assignments :  the  Index  will 
exhibit  other  subjects  equally  useful  to  you. 

It  will  Pay  the  Emigrant. 

We  give  you  the  Laws  and  Forms  regulating  Naturalization,  Right  of 
settling  on  United  States  Public  Lands,'  Homestead  and  other  Property 
Exempt  from  Sale  for  Debts  in  the  ditfeient  States,  Rates  of  Postage  to 
Foreign  Countries,  Value  of  Gold  and  Silver  Coins,  Business  Porms,"&c. 

It  will  Pay  every  Man  and  Woman 

Look  at  the  array  of  forms  and  subjects  already  mentioned,  also  Promis- 
sory Notes,  Landlord  and  Tenant's  Agreements,  Rights  of  Married  Women, 
Dower,  Rights  of  Military  Bounty  Land,  Interest  Tables,  &c.,  together  with 
another  item  giving  great  interest  to  this  work,  being  a  well-delineated 

Map  of  each  State  in  the  Union,  and  a  Map  of  the  U.  S., 

which  Maps  alone  are  worth  three  times  what  is  asked  for  the  whole  work. 

If  we  have  now  made  it  plain  that  it  will  be  a  valuable  book  to  you,  we 
ask  you  to  buy  it,  not  simply  to  promote  our  interests,  but  because 'we  give 
you  in  return  that  information  which  every  man  ought  to  have  at  his  com- 
mand. The  Pubhsheks. 

January  1.  1851. 


ADVERTISEMENT  TO  THE  REVISED  EDITION. 

The  extensive  patronage  bestowed  on  the  American  Lawyer  since 
its  first  publication,  is  the  most  satisfactory  evidence  that  the  publishers 
were  right  in  supposing  that  such  a  work  was  required  for  the  guidance  of 
all  classes  of  our  citizens,  and  were  successful  in  their  efforts  to  fill  the 
vacuum.  Alterations  were  made  from  time  to  time  to  meet  the  changes  in 
the  statute  laws  of  the  several  states,  but  no  thorough  revision  of  the  work 
has  before  been  undertaken. 

A  number  of  the  states  having  recently  reorganized  their  Code,  the  pub- 
lishers determined  to  revise  the  work,  and  make  the  Special  Laws  as  com- 
plete and  i-eliable  as  labor  and  exijerience  could  do  it.  To  accomplish  this 
purpose,  the  pages  devoted  to  the  different  states  were  severally  submitted 
to  an  able  and  distinguished  practitioner  resident  in  each  state,  for  ci'itical 
examination  and  careful  comparison  with  the  Revised  Statutes  and  latest 
nactments  of  the  state,  who  has  veiified  or  modified  the  law  on  the  sub- 
jects included  in  the  volume,  to  make  them  conform  to  the  statutes  at  the 
present  time.'^  This  has  hivolvcd  more  or  less  clianges  in  all  the  states,  and 
in  some  of  them  an  almost  entire  modification  of  the  statutes  previously 
published.  Several  of  the  maps  have  been  re-engraved,  and  the  laws  and 
map  of  Minnesota  are  now  given  for  the  first  time. 

This  revised  and  enlarged  edition  of  the  Lawyer  is  now  submitted  to 
the  public,  with  the  full  confidence  that  those  who  have  tested  the  intrinsic 
merits  of  the  old  edition,  will  purchase  the  new  one,  and  find  its  value 
greatly  enhanced.-  The  Publishers. 

New  York,  January,  1856. 


INDEX. 


ACKNOWLF.DGMENT  of  Wills PAGE  168 

Acknowled^rment  of  Deeds  (see  Deeds 
for  each  State). 

Actious  Limitatiou  of  (see  Limitation  of 
Actions). 

Affi'lavita.  Forms  of. 39 

Ai;reemeatB 9 

General  Form  of. 10 

For  the  Sale  of  Personal  Property.. .  1 1 

For  Building 12 

For  the  Sale  of  Land 13 

For  Hiring:  Clerk  or  Workman 14 

For  Making  Boots,  kc 14 

For  Makinjr  Flour-Barrels,  &c 15 

For  Sale  and  Delivery  of  Wood 15 

For  Sale  of  Stock 15 

For  Sale  of  Goods  in  Store 16 

For  Cultivating  Land  on  Shares 17 

For  Sale  of  Horse 17 

For  Sale  of  Fruit-Trees 18 

For  Barter 18 

For  Sale  of  Animals 19 

For  Indenture  of  Apprentice 19 

For  Indenture  of  Servants 20 

Alabuma.  Map  of. 264,265 

Special  Laws  of. 266 

Aninmls.  At;reemeat  for  Sale  of. 19 

Apprentice,  Indenture  of 19 

Arbit  ration 21 

Form  of  Submission  for 22 

Form  of  Bond  of 22 

Arbitrators,  Oath  of 21 

Award  of 24 

Arkansis,  Map  of 286,289 

Special  Laws  of. 287 

Arrest  (see  Collection  of  Debts  in  States). 

Asaiimments 25 

General  Form  of. 25 

Of  Bond 26 

Of  Morigajfe 27 

Of  Mort>.'iu«:e,  to  be  endorsed  thereon  28 

Of  Mortirage, as  Collateral  Security..  28 

Of  a  Debt 29 

Of  Judgment 30 

or  Lease 31 

Of  Policy  of  Insurance 32 

For  Equal  Benefit  of  Creditors 33 

For  Benefit  of  Preferred  Creditors..  32 
Of  Partnership  Property,  for  Settle- 
ment   86 

Of  a  Patent-Right 37,  148 

Law  of,  in  Vermont 180 

Attacluueul  (see  Collection  of  Debts). 

Banking  and  Equation,  Table  of 577 

Barter,  Agreement  fur 18 

Bills  of  K'-'. 40 

F  of 42-14 

I)                         1  of 45 

Bills  ..:                   ;     rrnof 61 

BillsofSd.- 46 

Bill  of  S.ili-,  General  Form  of. 46 

Of  Horse,  with  Warranty 47 

Of  Registered  or  Enrolled  Vessel...  48 

Of  Vessel  to  be  Recorded 132 

Bonds 52 

Bonds.  Forms  of— 

Of  A  rbitration 22 

AssigDOient  of 26 


Bonds,  Forms  of— 

For  tlie  Payment  of  Money. . . .  page  62 

For  the  Payment  of  Interest 53 

Of  a  Corporation 54 

To  Indemnify  a  Sheriff. ,54 

To  Executors ....  55 

ForaDeed 56 

Of  Treasurer  or  Trustee  of  an  Associ- 
ation    57 

Bottomry-Bond .' 58 

Book-Keeping 372-375 

Bounty  Lands,  Acts  granting 159,  lfii> 

Building,  Agreement  for 12 

California,  Map  of. 358,359 

Special  Laws  of. a57 

Cash-Book,  Form  of 375 

Charter  Party,  Form  of 61 

Chattel  Mortgages 46 

Form  of 49 

Chattel  Mortgages,  Laws  Regulating  in— 
Maine,  ;i65;  New  Hampshire,  174; 
Massaclmst  tts,  188;  Rhode  Island,  196; 
Connecticut.  200;  New  York,  209; 
Maryland.  234 ;  North  Carolina,  243; 
South  Carolina,  247;  Georgia.  255; 
Florida,  261 ;  Alabama,  267;  Missis- 
sippi, 274 ;  Texas.  284 ;  Arkansas.  290 ; 
Tennessee.  293 ;  Kentucky.  299;  Ohio, 
308;  Michfiran,  314;  Indiana,  321; 
Illinois.  328;  Missouri,  334;  Iowa, 
340;  Wisconsin,  345;  Minnesota,  353 ; 
California,  360. 

Check  or  Draft  on  Bank 45 

Clerk  Agreement  for  Hire  of. 14 

Coins,  Table  of. 382 

Collection  of  Debts  (see  Debts,  Collection 
of). 

Common  Carriers,  Liabilities  of. 123 

Connecticut,  Map  of 198, 1!)9 

Special  Laws  of 200 

Contracts  (see  Asfreements) 61 

Contracts,  Law  Regulating 61 

Contracts.  Laws  Regulating,  in— Maine, 
165;  New  Hampshire,  174;  Vermont, 
179;  Massachusetts,  138;  Rhodo  Is- 
land, 196  ;  Connecticut,  201  ;  New 
York.  209;  New  Jersey,  217  ;  Penn- 
sylvania, 224;  Delaware,  227;  Vir- 
ginia, 237:  North  Carolina.  243;  South 
Carolina,  250;  Georgia,  255;  Florida, 
261;  Alabama,  267;  Mississippi,  274; 
Louisiana.  277;  Texas,  284;  Arkan- 
sas, 29*;  Tennessee.  293;  Kentucky, 
299;  Ohio,  308;  Michigan,  315;  Indi- 
ana, 321;  Illinois,  328;  Missouri, 334; 
Iowa,  340;  Wisconsin,  345;  Minne- 
sota, &53;  California,  361. 
Conveyances  (see  Deeds). 

Copiynght,  Law  Regulating 

Corporation,  Bond  of 

Satisfaction  of  Mortgage  by. . . 

Credit,  Letter  of 

Creditors,  Composition  with 

Assignment,  for  Eqiiiil  Benefit  of....    32 
AsHJifnmfnt  for  Uem-tit  of  Preferred.    33 

Customhouse  Power  of  Aiionicy 110 

Cuatonilionse  JlegulHli'  I  .?3 

Fees  Receivable  h  —   lil 


NDEX. 


Duy-Book,  Form  of. page  374 

Debt,  Assignmiitit  of 29 

Power  of  Attorney  to  Collect 112 

Debtor,  Agreement  not  to  Sue 94 

Debts,  Laws  Regulating  Collection  of,in — 
Maine,  167;  New  Hampshire,  173; 
Vermont,  181;  Massachusetts,  190; 
Rhode  Island,  196;  Connecticut,  201 ; 
New  York,  210;  New  J«rsey,  218; 
Pennsylvania,  224;  Delaware,  230; 
Maryland,  234;  Virginia,  240 ;  North 
Carolina,  24C;  South  Carolina,  250; 
Georgia,  256;  Florida,  262;  Alabama, 
267;  Mississippi,  275;  Louisiana, 280; 
Texas,  285 ;  Arkansas,  290 ;  Tennes- 
see. 29G;  Kentucky,  302;  Ohio,  309; 
Michi!J:an,316;  Indiana,322;  Illinois, 
329;  Missouri,  335;  Iowa,  340;  Wis- 
consin, 346;  Minnesota,  3.54 ;  Califor- 
nia, 302. 

Deeds G4 

Forms  of— Warranty 65 

Simple,  without  Warranty 66 

Quit-Claim,  by  Husband  and  Wife..    66 
Warranty,  by  Husband  and  Wife....    67 

By  Executors 69 

Of  Trust 71 

Bond  for 56 

Acknowledgment  of  (see  State  Laws). 

Deeds,  Laws  Regulating,  in — Maine,  168 ; 
New  Hampshire,  175:  Vermont,  182; 
Massachusetts,  191;  Rliodo  Island,  197; 
Connecticut,  202;  New  York,  211; 
New  Jersey,  218;  Pennsylvania,  225 ; 
Delaware,  231;  Maryland,  238  ;  Vir- 
ginia, 241 :  North  Carolina,  246 ;  South 
Carolina,  250;  Georgia,  256;  Florida, 
262;  Alabama,  263 ;  Mississippi,  275; 
Louisiana,  280;  Texas.  285;  Arkan- 
HU8,  291  ;  Tennessee,  296 ;  Kentucky, 
31)3;  Ohip,309;  Michij-an,  316;  Indi- 
ana,  323;  Illinois,  329;  Missouri,  338  ; 
Iowa, 340;  Wisconsin,  347;  Minneso- 
ta, 355;  California,  3C3. 

Delaware,  Map  of. 228,  229 

Special  Laws  of 227 

Depositions 39 

Dower  (see  Married  Women,  Rights  of)    82 

Assignment  of. 83 

Release  of ....!....     84 

Right  of  (see  the  respective  States). 

Drafts 40 

At  Siffht 45 

On  Time 45 

On  a  Bank 45 

Due  Bills 102 

Executors,  Bond  to 65 

Mortgage  to 76 

Deed  by 69 

xemption.  Homestead  (see  Homestead 
Exemption). 

xemptions.  Household,  Laws  Regula- 
ting, in— Maine,   161  ;    New   Hamp- 
Bhire,  169;  Vermont.  178;  Massachu- 
setts, 186;    Rhode  Island,  193;  Con- 
ticut,  200;    New  York,  203;   New 

^_ersey,  216;  Pennsylvania, 221 ;  Del- 

it*ware,  230  ;  Maryland,  234 ;  Virginia, 
■237;  North  Carolina,  243;  South  Car- 
olina. 247;  Georgia,  254;  Florida,  260; 
Alabama, 266;  Mississippi, 272;  Lou- 
isiana, 277;  Texas,  284;  Arkansas, 
287  ;  Tennessee,  293 ;  Kentucky,  299 ; 
Ohio,  306;  Michigan.  311;  Indiana, 
320:  Illinois,  325;  Missouri,  331  ;  Io- 
wa, 337;  Wisconsin,  244;  Miiaiesola, 
349;  Caiifuniia,365. 


Florida,  Map  of. pagr  258,259 

Special  Laws  of. 260 

Fraud,  Statutes  of  (see  Laws  Regulating 

Contracts). 
Fruit-Trees,  Agreement  for  Sale  of. 18 

Georgia,  Map  of. 252,  2-53 

Special  Laws  of. 254 

Goods  in  Store,  Agreement  for  Sale  of . .     IB 
Goods,  Order  to  deliver 103 

Horse,  Agreement  for  Sale  of.  17 

Bill  of  Sale  of,  with  Warianty 47 

Homestead  Exemption,  Laws  Regula- 
ting, in— Maine,  164;  New  Hamp- 
shire, 172;  Vermont,  178;  Massachu- 
setts, 186  ;  New  York,  206 ;  New  Jer- 
sey, 220  ;  South  Carolina,  247;  Geor- 
gia, 254 ;  Florida,  260;  Alabama,  266 ; 
Mississippi,  272;  Texas,  284;  Arkan- 
sas, 287 ;  Tennessee,  298 ;  Ohio,  307  ; 
Michigan,  311 ;  Indiana,320;  Illinois, 
828;  Iowa,  337;  Wisconsin,  344 ;  Min- 
nesota, 349;  California,  365. 

Illinois,  Map  of 326, 327 

Special  Laws  of 323 

Indiana,  Map  of 318,  31  .T 

Special  Laws  of 320 

Iowa,Map  of. 338,  339 

Special  Laws  of 337 

Insurance  Policy,  Assignment  of. 32 

Interest 376 

Table  of,  at  Six  per  cent 378 

Table  of,  at  Seven  per  cent 077 

Calculation  of 378 

Table  of  Banking  and  Equation 377 

Bond  for  securing  Payment  of 63 

Interest,  Laws  Regulating  Rates  of,  in — 
Maine,  168;  New  Hampshire,  175; 
Vermont,  183;  Massachusetts,  192; 
Rhode  Island,  197;  Connecticut,  202 ; 
New  York,  213;  New  Jersey,  220; 
Pennsylvania,  226;  Delaware,  231  ; 
Maryland,  236 ;  Virginia,  242 ;  North 
Carolina,  246;  South  Carolina,  251; 
vGeorgia,257;  Florida,  263;  Alabama, 
269;  Mississippi,  276;  Louisiana,  281 ; 
Texas,  286;  Arkansas,  292;  Tennes- 
see, 297  ;  Kentucky,  303  ;  Ohio.  310; 
Michigan,  317;  Indiana, 324;  Illinois, 
330;  Missouri,  336;  Iowa,  340;  Wis- 
consin, 348;  Minnesota,  356 ;  Califor- 
nia, 368. 

Judgment,  Assignment  of. 30 

Judgment-Note,  Form  of. 97 

Kentucky,  Map  of 300,301 

Special  Laws  of. 299 

Land,  Agreement  for  Sale  of. 13 

Agreement  to  Cultivate  on  Shares...  17 
Lands.Public,  Form  for  Pre-empting.  151-156 
Land- Warrants,  Soldiers  entitled  to..  159, 16^ 

Landlord  and  Tenant 85 

Tenant's  Agreement « 91 

Landlord's  Agreement 91 

Lease,  Assignment  of. 81 

Mortgage  of 79 

Short  Form  of 86 

Tenant  to  pay  Taxes,  and  not  underlet    87 

With  covenant  not  to  underlet 89 

With  Mortgage  of  PersonalProperty, 

to  secure  Rent... 92 

Ledger,  Form  of 375 

Letler  of  Credit  and  of  License,  Fonii  of.     94 
Liability  of  Sliip-O wiiers 127 


INDEX. 


Liabilities  of  Common  Carrieri....  page  123 

LlHbilities  of  Minors 122 

Lien,  Mechanics',  Laws  Reeulatin?,  in — 
Maine,  164;  New  Haihpsliii-e,  169; 
Vermont,  179 ;  Massaclinsetts,  187 ; 
Rhode  Island.  193-  Connecticut,  200; 
Nevr  Yorli.  207;  New  Jersey,  216; 
Pennsylvania,  221 ;  Maryland,  234  ; 
Virg^inia,  237;  South  Carolina,  247; 
Oeoraia.  254  ;  Florida,  260;  Alabama, 
266;  Mississippi,  273;  Louisiana,  277; 
Texas.  2S4t  .Vrkansas.  287;  Tennes- 
aee.  2M;  Kentucky,  299;  Ohio,  308; 
Michiiran.SU;  ln(fian!i,324;  Illinois, 
825;  Missouri,  331;  Iowa,  337;  Wis- 
consin, 345;  Minnesota,  352;  Califor- 
nia, 357. 

Limitation  of  Actions,  Laws  Regulating 
the,  in— Maine,  166 ;  New  Hampshire, 
173;  Vermont,  180;  Massacliust-tts, 
189;  Rhode  Island,  1P6;  Connecticut, 
201;  NewYork,2(!9;  NewJersey,217; 
Pennsylvania,  224;  Delaware,  227; 
Maryland.  234;  Vireinia,  240;  North 
Carolina,  243;  South  Carolina,  250; 
Oeoraia,  255 ;  Florida,  262 ;  Alabama, 
266;  Missistiippi,  274;  Louisiana, 277; 
Texas,  284;  Arkansas.  290 ;  Tennes- 
see. 296 ;  Kentucky,  302  ;  Ohio,  308  ; 
Michigan. 315;  Indiana, 321;  Illinois, 
829;  Missouri,  334;  Iowa,  340!;  Wis- 
consin, 346;  Minnesota,  353 ;  Califor- 
nia, 361. 

Louisiana,  Map  of. 278,  279 

Special  Laws  of 277 

Manufacturing.  Agreement  "for 14,  15 

Maine,  Mnp  of 162,  163 

Special  Laws  of ICl 

Maps  of  the  ■States— Maine,  IC2;  N.Hamp- 
shire, 170;  Vermont.  176;  Massachu- 
setts, 184;  Rhode  Island,  194;  Con- 
necticut, 193 ;  New  York,  204;  New 
Jersey,  214;  Pennsylvania, 222;  Del- 
aware, 228  ;  Maryland,  232;  Vir-jinia, 
238 ;  North  Carolina,  244  ;  South  Car- 
olina, 248;  Oeortria.  252 ;  Florida.  258; 
AlabamH. 264;  Mississippi, 270;  Lou- 
isiana. 278;  Texas,  2H2;  Arkansas, 
268;  Tennessee.  294;  Kentucky, 300 ; 
Ohio,  304;  Michigan.  312;  Indiana, 
318:  Illinois,  326;  Missouri,  332;  lo- 
wa,338;  Wi8consin,3l2;  Minnesota, 
a50;  California,  358;  U.  States,  36C. 

Marriage,  Form  of 96 

Certificate,  Form  of. 96 

Married  Women,  Laws  Regulating  Rights 
of,  in— Maine,  168;  New  Hampshire, 
175;  Vermont,  182;  Massachusetts, 
191;  Rhode  Island,  197;  Connecticut, 
202;  New  York,  213;  New  Jersey, 
220;  Pennsylvania.  225;  Delaware, 
231;  Maryland,  2«;  Virginia,  242; 
Noifh  Carolina,  246;  South  Carolina, 
251;  Georgia,  257;  Florida.  263;  Ala- 
bama, 269;  Mississippi,  276;  Louisi- 
ana, 2811 ;  Texas,  286;  Arkansas.  292; 
Tennessee,  297 ;  Kentucky, 3ti3;  Ohio, 
310;  Michigan.  317;  Itidiana,  323; 
Illinoin,  330;  Missouri,  336;  lown, 
310;  Wisconsin,  348;  Miunesuts;35li; 
rulifornia.  3t»4. 

M;iryi..rHi.  Map  of 332,283 

.>;!•    Ill  Liiws  of. 234 

Ma,»;ir  ;i- .'(-.Mnpof 184,  186 

„    >l  '  ' 186 

Measu  -M 179 

Tu  381 

Mechaii:    ...       i     ••  Lien,  Mechanics'). 


Mensuration page  378 

Merchandise,  Order  for 103 

Michigan,  Map  of 312,  313 

Special  Laws  of. 311 

Military  Bounty  Lands 157 

Minnesota,  Map  of 350,  351 

Special  Laws  of. 349 

Minors. Liabilities  of. 122 

Mississippi,  Map  of 270,  27 1 

Special  Laws  of. 272 

Missouri,  Map  of. 332,  3^ 

Special  Laws  of. 331 

Money,  Bond  for  Payment  of. 52 

Order  for. 102 

Mortgages 64 

Mortgages,  Forms  of— 

Of  Chattels  (see  Chattel  Mortgages).    49 

With  Power  of  Sale 73 

By  Husband  and  Wife,  with  Interest 

and  Insurance  Clause 73 

To  Executors 76 

T>  secure  a  Note 78 

On  Lease,  with  Covenant  to  Insure..    79 

Satisfaction  of. 1 IG 

Satisfaction  oH  by  Corporation 117 

Assignment  of. 27 

Endorsement  of  Assignment  on 2C 

Endorsement,  when  intended  as  Col- 
lateral Security 28 

Of  Vessel,  to  be  recorded 132 

NaturaliJiation,  Regulations  for 133 

Naturalization,  Forms  of— 

Declaration  of  Intention 183 

Affidavit  of  pne  who  arrived  under  18  134 

Affidavit  to  prove  Intention 134 

Proof  of  •Residence,  &.c 1.S4 

Oath  to  support  Constitution 135 

Certificate  of  Citizenship 135 

New  Hampshire,  Map  of 170, 171 

Special  Laws  of lfe9 

New  Jersey,  Map  of 214,  215 

Special  Laws  of. 216 

New  York.  Map  of 204,205 

Special  Laws  of 203 

North  Carolina,  Map  of. 244,  245 

Special  Laws  of. 243 

Note,  Mortgage  to  secure 78 

Notes,  Promissory 98 

Notes,  Promissory,  Forms  of— 

Not  Negotiable 100 

Negotiatjie  by  Endorsement 100 

Negotiable  without  Endorsement...  100 
Joint  negotiable,  payable  at  a  Bank..  101 
Negotiable,  payable  in  Merchandise.  .101 

Nejrotiuble  on  "Demand 101 

On  Demand  with  Interest,  not  Nego- 
tiable   101 

Ohio,  Map  oT 304,305 

Special  Laws  of. 306  j 

Orders 1( " 

Orders,  Forms  gf— 

For  Money K 

For  Merchandise 

To  deliver  Goods 103 

Partnership 1 05 

Partnership,  Forms  of— 

Article  of 108 

Renewal  of.  Endorsement  of 108 

Dissolution  of.  Endorsement  of 108 

Property,  Assignment  of,  to  close...     36 

Patents,  Regulations  for  ff'rvnn-j l.'W 

For  what  Pii'' ' 1...    138 

To  whom  r..  ..    138 

What  will  jM  .  .   l,S8 

Modeof  pro<:<         ..  ;is  \sj 


INDEX. 


k 


atetit  Regulations  and  Forms—  page. 

Forms  of  Petition,  Specification,  and 

Oath 139 

Of  tiie  Examination  of 141 

Of  Withdrawals .".  142 

Retaining  Patents  in  the  Secret  Ar- 
chives   143 

Of  Appeals 143 

Of  Interferences 143 

Reissues    and    additional    Improve- 
ments   143 

Forms  for  the  same 144 

Disclaimers 144 

Form  of  Disclaimer 145 

Of  Extensions 145 

Of  Designs 146 

Forms  necessary  for  the  same. . .  14fi 

Of  Forei-rn  Patents 146 

Of  Caveats 147 

Form  of  Caveat 147 

Penalties  for  Fraud 148 

Of  Assigrnments 148 

Forms  of  Assis:nment 37,  148 

Fees,  how  and  where  payable 149 

Takintr  Testimony 1.50 

Rules  of  Correspondence 151 

Of  Amendments  to  Specifications. ...  151 
Rules  for  reconsiderations  of  Decis- 
ions   151 

Of  giving  and  withholding  Informa- 
tion   1.52 

Pennsylvania,  Map  of. 222,  223 

Special  Laws  of 221 

Personal  Property,  Agreement  for  Sale  of    11 

Policy  of  Insurance,  Assijrnment  of 32 

Postag-e,  Rates  of.  United  States  and  For- 
ei  iin 368-37 1 

Power  of  Attorney 109 

Power  of  Attorney.  Forms  of—- 

General  Power 109 

Customhouse  Power 110 

To  transfer  Stock .111 

Proxy,  Power  to  vote  by Ill 

To  Collect  Debts 112 

To  Sell  Real  Estate 113 

Substitution,  to  be  endorsed  on 113 

Revocation  of 113 

Pre-emption,  Instructions  for,  and  Forma 

of 153 

For  Lands  subject,  before  Sept.,  1841.  157 
For  Lands  subject,  since  Sept.,  1841..  1.57 

Declaratory  Statement 157 

Affidavit  of  Claimant 158 

Affidavit,  where  Claimant  dies 1,58 

Preferred  Creditors,  Assignment  for  Ben- 
efit of 33 

Promissory  Notes  (see  Notes,  Promis- 
sory)      98 

Proxy.  Power  to  vote  by,  Form  of. Ill 

Public  Lands,  Regulations  of 156 

Qualifications  of  Voters  in  the  States 135 

Quit-Claim  Deed,  by  Husband  and  Wife    66 

Rate  of  Interest  (see  Interest,  Rate  of). 

Real  Estate,  Power  of  Attorney  to  bcU..  112 

Receipts 103 

Receipts,  Fonas  of— 

In  Full 103 

On  Account 104 

Fur  !i  Special  Purpose 104 

For  Money  paid  by  a  Third  Person..  104 


Receipts,  Forms  of—  pagc 
Of  Interest  to  be  endorsed  on  a  Bond  104 
In  Full  for  a  Special  Account 104 

Releases 114 

Releases,  Forms  of— 

Of  Dower 84 

General  of  all  Demands 114 

Of  Part  of  Mortgaged  Premises 115 

Revocation  of  Power  of  Attorney 113 

Rhode  Island,  Map  of 194,  195 

Special  Laws  of. 193 

Rights  of  Married  Women  (see  Married 
Women,  Laws  Regulating  Rights  oO- 

Satisfaction  of  Mortgage 116 

By  a  Corporation 117 

Servant's  Indenture 20 

Sherifi",  Bond  to  Indemnify B4 

South  Carolina.  Map  of 248,  249 

Special  Laws  of. 247 

Special  State  Laws 161 

Statute  of  Frauds  (see  Contracts,  Laws 

Regulating). 
Stock,  Agreement  for  Sale  of. 15 

Power  of  Attorney  to  transfer HI 

Tennessee,  Map  of 294,  295 

Special  Laws  of. 293 

Texas,  Map  of 282,283 

Special  Laws  of. 284 

Treasurer  or  Trustee  of  an  Association, 

Bond  of. 57 

Trust-Deed 71 

Vermont,  Map  of 176,  177 

Special  Laws  of '. . .  178 

Vessel,  Bill  of  Sale  of 48 

Sale  or  M  ortgage  of  to  be  Recorded .   132 

Virginia,  Map  of. .  .^ 238,  239 

Special  Laws  of 237 

Voters,  Qualifications  of,  in  each  State . . .  135 

W^arranty  Deed 65 

By  Husband  and  Wife 67 

Weights  and  Measures 379 

Table  of  Foreign 381 

Wills 119 

Short  Form  of. 119 

Codicil  to 120 

Devising  Property  to  Trustees   for 
Special  Purposes 121 

Wills,  Laws  Regulating  in— Maine,  168; 
New  Hampshire.  175;  Vermont,  183; 
Massachusetts,  192;  Rhode  Island, 
197;  Connecticut,  202;  New  York, 
206 ;  New  Jersey,  220 ;  Pennsylvania,  ■ 
226;  Delaware,  231  ;  Maryland,  236; 
Virginia,  242;  North  Carolina,  246; 
South  Carolina,  251 ;  Georgia.  257.; 
Florida,  263;  Alabama,  269;  Missis- 
eippi,  276  ;  Louisiana,  281  ;  Texas, 
286;  Arkansas,  292;  Tennessee.  297  ; 
Kentucky,  303;  Ohio.  310;  Michigan, 
317;  Indiana,  324;  Illinois,  330;  Mis- 
souri, 336;  Iowa,  340:  Wisconsin, 348; 
Minnesota,  356 ;  California,  368. 

Wisconsin,  Map  of 342,  343 

Special  Laws  of 344 

Wood,  Agreement  to  sell  and  deliver.. . .     15 

Women,  Rights  of  Married  (see  Married 
Women,  Risrhts  of). 

Workman,  Agreement  for  Hire  of. 14 


THE 


AMERICAN  LAWYER. 


AGREEMENTS. 


An  agreement  or  contract  is  the  mutual  consent  of  two  or 
more  persons  respecting  anything  done  or  to  be  clone. 

Wlien  reduced  to  writing,  the  memorandum  or  articles 
containing  the  agi^eement,  signed  by  the  parties  thereto,  is 
usually  called  an  agreement. 

It  is  advisable,  in  all  cases,  to  reduce  the  agreements  and 
contracts  of  parties  to  writing  ;  not  only  because,  in  case  of 
dispute,  the  instrument  is  a  more  reliable  and  satisfactoiy 
source  of  evidence  than  the  memory  of  witnesses,  but  be- 
cause, by  statute,  many  agreements  are  void  unless  put  into 
writing  and  subscribed  by  the  party  to  be  charged. 

But  care  must  be  taken  to  put  the  whole  and  exact  contract 
in  writing,  as  verbal  evidence  will  not  be  admitted  to  alter  or 
vary  a  written  instrument.  If  erasures  or  interlineations  are 
made,  the  fact  should  be  stated  on  the  paper,  that  they  wert 
so  done  before  the  parties  signed  it. 

In  all  agreements  or  contracts  there  must  be  a  considei 
tion  flowing  from  tlie  promisor  to  the  promisee,  such  as  llai 
payment  of  money,  the  sale  and  delivery  of  property  —  somo- 
thiiig  wnerehy  the  promisee  is  benefited  or  the  promisor  juil 
to  inconvenience  ;  and  this  consideration  shotild  bo  expiessed. 

Contracts  which  militate  against  the  public  good  can  not 


10  AGREEMENTS. 

be  enforced — as  a  contract  not  to  exercise  one's  trade  or 
calling  at  all,  a  contract  to  erect  a  public  nuisance,  &c. 

It  is  understood,  in  every  contract  for  work  or  labor,  that 
it  shall  be  executed  in  a  suitable  and  workmanlike  manner, 
whether  it  is  so  expressed  in  the  contract  or  not. 

If  it  is  desired  by  both  parties  to  an  agreement  to  waive 
the  performance  of  a  part  of  it,  let  it  be  so  endorsed  on  the 
back  of  the  agreement,  and  signed  by  the  party  who  so  con- 
cents to  waive  it. 

The  law  of  the  state  where  the  contract  is  made  regulates 
the  construction  of  the  contract ;  the  law  of  the  state  where 
the  contract  is  sought  to  be  enforced  regulates  the  remedy. 

Amounts  and  dates  should  always  be  written  out,  and  not 
expressed  in  figures  :  thus,  two  thousand  dollars,  instead  (>f 
S2,000. 

The  words  in  italics,  and  names  in  capitals,  are  merely 
inserted  to  show  how  the  forms  may  be  filled  out.  They 
should  be  always  omitted  in  drawing  a  paper,  and  such  wordb 
inserted  as  correspond  with  the  facts  in  hand,  and  the  actual 
agreement  of  the  parties. 

Fraud  destroys  every  contract  into  which  it  enters. 


No.  1. — General  Form  of  Agreement. 

®l)is  ^^XttxazXiU  made  this  Jlrst  day  of  May,  one  thou 
sand  eight  hundred  oxidi  fifty  ,hetween  John  Doe,  of  the  village 
of  Black  Rock,  in  the  county  of  Erie,  and  state  of  New  York, 
Wl  of  the  first  part,  and  Riciiaud  Roe,  of  the  city  of  Buffalo,  in 
^B^  said'  county  and  state,  of  the  second  part — * 
^^L  iXJittlCSSCtl),  that  the  said  John  Doe,  in  consideration  of 
^^^Khe  covenants  on  the  part  of  the  party  of  the  second  part 
^^^Rereinafter  contained,  doth  covenant  and  agree  to  and  with 
^^Hpie  said  Richard  Roe,  that  \here  insert  the  agreement  on  the 
^^^^art  of  John  Doe]. 

And  the  said  Richard  Roe,  in  consideration  of  the  cove- 
nants on  the  part  of  tlie  party  of  the  first  part,  doth  covenant 

*  To  avoid  repetition,  we  have  referred  in  the  succeeding  forms  to  certai)i 
nnmbers,  for  the  introductory  matter  of  the  form.  For  example  in  No.  5,  tlie 
lirbt  part  of  No.  1  is  to  bo  copied  in  that  form  as  far  ns  tlie  star. 


AGREEMENTS.  11 

p,n(l  agree  to  and  with  the  said  John  Doe,  that  [here  insert 
eke  agreevient  on  the  jmrt  of  Richard  Roe]. 

t  JFn  tnitUCSS  0)l)Crcof,  we  have  hereunto  set  our  hands 
and  seals,  the  day  and  year  first  above  written. 
Signed,  sealed,  and  deliv- ") 

ered,  in  presence  of       I  JOHN  DOE  (seal). 

John  Smith,  f  RICHARD  ROE  (seal). 

James  Short.  j 

[  When  required,  this  clause  may  be  inserted:} 

^\\ii  it  is  fnrtl)Cr  agrccb  between  the  parties  hereto,  that 
llie  party  that  shall  fail  to  perform  this  agreement  on  his  part, 
will  pay  to  the  other  the  full  sum  o^  fifty  dollars,  as  liqui- 
dated, fixed,  and  settled  damages.}: 


No.  2. — Agreement  for  the  Sale  and  Delivery  of 
Personal  Property. 

(J^t)is  'Agreement,  made  this^r*^  day  o^July,  one  thousand 
eight  hundred  and  fifty,  between  John  Doe,  of  the  village 
of  New  Alhany,  in  the  county  o^  Floyd,  and  state  of  Indiana, 
of  the  first  part,  and  Richard  Roe,  of  the  city  of  Buffalo,  in 
the  county  of  Erie,  and  state  of  New  York,  of  the  second 
part — 

IXJitncSSCtl),  that  the  said  John  Doe,  in  consideration  of 
the  covenants  on  the  part  of  the  said  Richard  Roe,  doth  cove- 
nant to  and  with  the  said  Richard  Roe,  that  he  will  deliver 
to  the  said  Richard  Roe,  at  his  storehouse  in  Neto  Alharty 
aforesaid,  one  thousand  bushels  of  wheat,  of  good  merchant- 
able quality,  on  or  before  the  first  day  of  September  next. 

And  the  said  Richard  Roe,  in  consideration  of  the  cove- 
nants on  the  part  of  the  said  John   Doe,  doth  covenant  and 
agi'ee  to  and  with  the  said  John  Doe,  that  he  will  pay  to  thei 
said  John  Df)E  at  the  rate  of  one  dollar  for  each  bushel  ol 
wheat  so  delivered,  immediately  on   the   completion   of  tl 
delivery  thereof 

t  This  form  of  witnessinj^  and  signing  may  be  adopted  in  every  legal  xi 
ment.  except  where  a  ditl'erent  form  is  particularly  given  or  directed  to  be 

X  When  IV  '•  dnsired  to  fix  the  damagei  for  the  violation  of  the  rontrart.  this 
clauge  may  he  'nserted  before  the  witnessing  clause.  It  hag  the  udvnntago  of 
making  certain  the  amount  of  damages  to  be  paid,  instead  of  leaving  it  to  be 
Mttled  by  a  suit  at  law.  or  nn  agreement  between  the  partiei,  ajifg^jj^^ntrnox 
baa  been  viuluted. 


12  AGREEiMENTS. 

Jilt  tDXtncss  tuljereof,  the  said  parties  have  hereunto  set 
their  hands  and  seals  the  day  and  year  first  above  written. 
Signed,  sealed,  and  deliv-    1 

ered,  in  presence  of  1       JOHN  DOE  (seal). 

John  Smith,      (      RICHARD  ROE  (seal). 
James  Short.  \ 

The  foregoing  form  can  be  used  for  any  description  of  per- 
sonal property. 


No.  3. — Agreement  for  Building. 

(JTantract  for  Builbing,  made  the  tenth  day  of  July,  one 
thousand  eight  hundred  n,i\di  Jifty,  by  and  between  John  Doe, 
of  Brooldyn,  in  the  county  of  Kings,  and  state  of  New  York, 
of  the  first  part,  and  Richard  Roe,  of  New  York,  in  the 
county  of  New  York,  and  state  of  Nnv  York,  of  the  second 
part,  in  these  words :  the  said  party  of  the  second  part  cove- 
nants and  agrees  to  and  with  tlie  said  party  of  the  first  part, 
to  make,  erect,  build,  and  finish,  in  a  good  substantial  and 
workmanlike  manner,  a  three-story  hrick  dwelling-house,  on 
the  lot  of  land  situated  [here  insert  description  of  lot\  agree- 
able to  the  draught,  plan,  and  explanation,*  hereunto  annexed, 
^  of  good  and  substantial  materials,  by  \\\%  first  day  ai  January 
next.  And  the  said  party  of  the  first  part  covenants  and 
agrees  to  pay  unto  the  said  party  of  the  second  part,  for  the 
same,  the  sura  of  two  thousand  dollars  laAvful  money  of  the 
United  States,  as  follows :  l^ie  sum  of  one  thousand  dollars 
when  the  huilding  is  enclosed,  and  the  roof  put  on,  and  the 
remaining  one  thousand  dollars  when  the  building  is  com- 
^       pleted. 

H^  And  for  the  true  and  faithful  performance  of  all  and  every 
^^k  of  the  covenants  and  agreements  above  mentioned,  the  parties 
^^■to  these  presents  covenant  and  agree,  each  with  the  other, 
^^Khat  the  sum  of  one  thousand  dollars,  as  fixed,  settled,  and 
^^^bquidated  damages,  shall  be  paid  to  the  other  by  the  failing 
^^?arty. 

Jn  roitncss  t»l)ereof,  &c.  \as  in  No.  1]. 

*  Tlie  drangbts  anrl  explanRtions  should  be  all  signed  by  the  parties  to  the  agreement, 
In  onler  that  thoy  muy  be  identified. 


AGREEMENTS.  13 

No.  4.— Agreement  for  the  Sale  of  Land. 

Qlrticks  of  Agreement,  made  the  ffth  day  of  March, 
one  thousand  eight'hundred  Kwd^ffty,  between  John  Doe,  of 
Rochester,  in  the  county  of  Monroe,  and  state  of  Neio  York, 
of  the  first  part,  and  Richard  Roe,  of  Newhurgh,  in  the  county 
of  Orange,  and  state  of  New  York,  of  the  second  part,  wit- 
nesseth,  that  tlie  said  party  of  the  first  part,  for  and  in  con- 
sideration of  the  sura  oi fifty  dollars,  to  him  in  hand  paid,  has 
contracted  and  agreed  to  sell  to  the  said  party  of  the  second 
Dart,  all  that  certain  piece  or  parcel  of  land,  situate  in  the 
town  of  Newhurgh,  in  Orange  county,  and  state  of  New  York, 
and  which  is  bounded  and  described  as  follows,  to  wit :  be- 
ginning at,  &c.  [here  insert  description  of  the  land]* 

And  the  said  party  of  the  first  part  agrees  to  execute  and 
deliver  to  the  said  party  of  the  second  part  a  warranty  deed, 
for  the  said  land  :  Provided,  and  upon  condition  nevertheless, 
tljat  the  said  party  of  the  second  part,  his  heirs  or  assigns, 
pay  to  the  said  party  of  the  first  part,  his  heirs  or  assigns,  for 
the  same  land,  the  sum  o^  five  hundred  dollars  lawful  money 
of  the  United  States  of  America,  payable  as  follows  :  the  sum 
of  two  hundred  and  fifty  dollars  on  the  first  day  of  June  next, 
and  the  further  and  remaining  sum  of  two  hundred  and  fifty 
dollars  on  the  first  day  of  August  in  the  year  one  th(jusand 
eight  hundred  and  fifty-two,  together  with  lawful  interest  on 
the  same,  from  the  date  hereof:  And  the  said  party  of  the 
second  part,  for  himself,  his  hoirs,  executors,  and  administra- 
tors, doth  covenant  and  agree,  to  and  with  the  said  party  of 
the  first  pait,  his  heirs  and  a-ssigns,  that  the  said  party  of  the 
second  part  will  pay  the  said  several  sums  as  they  severally 
become  due,  with  the  interest  thereon,  without  deduction  of 
any  taxes  or  assessments  whatever.  And  it  is  further  agreed 
between  the  paj'ties  to  these  presents,  that  if  default  be  made 
in  fulfilling  this  agreement,  or  any  part  thereof,  on  the  part. 
of  the  said  party  of  the  second  part,  then,  and  in  such  case 
the  said  party  of  the  first  part,  his  heirs  and  assigns,  shall  b 
at  liberty  to  consider  this  contract  as  forfeited  and  ainuiUe^ 
and  to  dispose  of  the  said  land  to  any  other  person,  in 
same  manner  as  if  this  contract  had  never  been  made. 

Stt  toitncss  tDl)er£0f,  &c.  {as  in  No.  1]. 

*  in  describinf^  land,  buildings,  &c.,  care  should  be  had  to  mnltc  fli(>  . 
tion  M  complete  as  powible,  so  as  to  be  readily  identified  on 
2 


14  AGREEMENTS. 

No.  5.— Agreement  for  the  Hiring  of  a  Clerk  or 
"Workman. 

(iri}is  ^QXCCmcnU  &c.  [as  in  No.  1  to  the  *  ] — 
toitncss^tl),  lliat  the  said  John  Doe  has  agreed  to  enter 
the  service  of  the  said  Richard  Roe  as  clerk  \or  journeyman\ 
and  covenants  and  agrees,  to  and  with  the  said  Richard  Roe, 
that  he  will  faithfully,  honestly,  and  diligently,  apply  himself 
and  perform  the  duties  of  a  clerk  \or  journeyman]  in  the  store 
[or  sJiop]  of  the  said  Richard  Roe,  and  faithfully  obey  all  the 
reasonable  wishes  and  commands  of  the  said  Richard  Roe, 
for  and  during  the  space  of  one  year  from  the  first  day  of 
December  next,  for  the  compensation  o^  five  hundred  dollars 
per  annum,  payable  quarterly. 

And  the  said  Richard  Roe  covenants  with  the  said  John 
Doe,  that  he  will  receive  him  as  his  clerk  [or  journeyman] 
for  the  term  of  one  year  aforesaid,  and  will  pay  him  for  his 
services  as  such  clerk  [or  journeyman]  the  sum  o^  five  hun- 
dred dollars  annually,  in  quarter  yearly  payments. 

%\\  toitness  ttjiiereof,  &c.  [a&  %n  No.  1]. 


No.  6. — Agreement  for  making  and  delivering 
Boots. 

(iri)is  C^grccment,  &c.  [as  in  No.  l  to*] — 

tOitncssetl),  that  the  said'JoHN  Doe,  in  consideration  of 
the  covenants  on  the  part  of  the  party  of  the  second  part,  to 
be  perf(Mmed,  doth  covenant  and  agree,  to  and  with  the  said 
Richard  Roe,  that  he  will,  within  [here  insert  the  time]  from 
the  date  hereof,  make  and  deliver  to  the  said  Richard  Roe, 
ten  thousand  pairs  of  boots,  made  from  calfskin,  of  the  first 
quality,  and  of  the  following  sizes  [here  insert  sizes]. 

And  the  said  Richard  Roe  covenants  to  pay  to  the  said 

roHN  Doe  two  dollars  for  each  pair  upon  the  completion  of 

le  delivery  of  the  said  ten  thousand  pairs,  if  the  same  are 

lelivered  within  [insert  the  time  agreed  upon]  from  the  date 

hereof  as  aforesaid. 

In  tDitncS0  U)l)CrC0f,  &c.  [as  in  No.  1]. 


AGREEMENTS.  15 

No.  7.— Agreement  for  making  Flour-Barrels. 

*  ®l)i5  Agreement,  &c.  [as  in  No.  1  to  the  *  ]— 

iDitnCSSetl),  that  John  Doe,  in  consideration  of  the  agi-ee- 
rr.ent  on  the  part  of  Richard  Roe,  to  be  performed,  covenants 
with  the  said  Richard  Roe,  that  he  will  make  and  deliver  to 
the  said  Richard  Roe,  during  the  term  of  one  year  next  en- 
suing from  the  date  hereof,  one  thousand  merchantable  flour- 
barrels  in  each  weeky  said  flour-barrels  to  be  made  of  good, 
hard,  well-seasoned  white-oak  stuff",  and  the  hoops  to  be  of 
black  ash. 

And  the  said  Richard  Roe,  in  consideration  thereof,  agrees 
to  pay  to  the  said  John  Doe  at  the  rate  of  twenty  cfents  for 
each  barrel,  such  payment  to  be  made  on  each  thousand  bar- 
rels immediately  on  the  delivery  thereof,  until  the  whole 
quantity  is  made  and  delivered.* 

Jn  tnitncss  toljcrcof,  &c.  [as  in  iVb. :)]. 


No.  8. — Agreement  to  sell  and  deliver  Cord-Wood. 

®l)is  Agreement,  &;c.  [as  in  No.  1  to  the  *]. 

tDitncssetl],  that  th6  said  John  Doe  agrees  to  sell  to  the 
said  Richard  Roe  one  thousand  cords  of  wood,  all  of  it  to  be 
well  seasoned,  and  to  be  of  heech  and  maple  only,  and  to  de- 
liver the  same,  securely  corded,  at  the  factory  of  the  said 
Richard  Roe  in  the  town  aforesaid,  for  the  price  of  tivo  dol- 
lars per  cord,  on  the^r*^  day  oi  June  next. 

And  the  said  Richard  Roe,  in  consideration  thereof,  ag^rees 
to  pay  to  the  said  John  Doe,  for  the  said  wood,  at  the  rate 
of  two  dollars  for  each  cord  of  wood,  immediately  upon  the 
completion  of  the  delivery  thereof. 

iJn  toitncss  tDl)ereof,  &c.  [as  in  No.  1]. 


No.  9. — Agreement  to  sell  Shares  of  Stock. 

(Shis  Agreement,  &:c.  [as  in  No.  I  to*] — 

tOitncssetll,  tliat,  in   consideration  of  the  agreement 

Richard   Roe,  hereinafter    contained,  the    said    John   Doe 

agrees  to  sell,  traitsfer,  and  convey,  to  the  said  Richard  Roe 

The  time  Rn<l  rate  of  payment  may  bo  altf'rrd  to  rorroipond  wilhjtlie  ope 
the 


siaJ  a^neineni  oetvreen  the  pRrti«>i. 


pond  wilhUie 

m 


LG  AGREEMENTS. 

on  the  tenth  day  of  July  next,  one  tJiousand  shares  of  the 
Glenville  Manufacturing  Company,  now  owned  by  the  said 
John  Doe,  and  standing  in  his  name  on  the  books  of  said  com- 
pany, and  to  execute  and  deliver  to  the  said  Richard  Roe  all 
necessary  assignments,  transfers,  and  conveyances,  to  assure 
and  convey  the  same  to  the  said  Richard  Roe,  his  executors, 
administrators,  and  assigns,  for  ever. 

In  consideration  of  which,  the  said  Richard  Roe,  agrees 
with  the  said  John  Doe  to  pay  to  him  one  hundred  dollars 
for  each  share  of  the  said  capital  stock,  on  the  said  tenth  day 
oi  July  next. 

Jn  tMitness  tnljcrcof,  &c.  [as  in  No.  1]. 


No.  10. — Agreement  to  sell  Groods  in  Store. 

®l)is  ^gr^ement,  &c.  [as  in  No.  1  to  *  ] — 

toitltessetl)^  that  in  consideration  of  the  covenants  on  the 
part  of  the  said  Richard  Roe,  hereinafter  contained,  the  said 
John  Doe  doth  covenant  with  the  said  Richard  Roe,  that 
he  will  take  of  the  said  Richard  Roe  all  his  stock  of  goods, 
wares,  and  merchandise,  now  being  in  his  store  in  the  village 
of  Cooperstown,  together  with  all  the  fixtures  thereto  belong- 
ing ;  an  account  of  such  stock  of  goods,  wares,  and  merchan- 
dise, to  be  taken  by  the  parties  hereto  in  the  presence  of  each 
other :  and  the  said  John  Doe  agrees  to  pay  for  them  at  the 
mvoice  price  ;  but  if  any  of  said  goods  be  damaged,  such  dam- 
aged goods,  together  with  the  fixtures  aforesaid,  to  be  valued 
by  two  disinterested  persons,  one  of  whom  is  to  be  selected 
by  each  of  the  parties  hereto,  and  to  pay  for  the  same  the 
value  or  price  that  the  said  appraisers  may  agree  to  set  upon 
them  as  a  fair  valuation  of  the  same ;  and  that  in  Jive  days 
after  the  value  of  said  goods,  wares,  merchandise,  and  fixtures, 
can  be  ascertained  as  aforesaid,  said  value  is  to  be  paid  by 
the  said  John  Doe  to  the  said  Richard  Roe. 

And  the  said  Richard  Roe,  in  consideration  thereof,  agrees 
to  sell  to  the  said  John  Doe  the  said  goods,  wares,  and  mer- 
chandise, at  the  invoice  price,  and  the  fixtures  and  sucii  goods 
as  may  be  damaged  at  such  price  as  the  appraisers  appointed 
as  aforesaid  may  fix  and  determine  ;  and  make,  execute,  and 
deliver,  to  the  said  John  Doe,  a  good  and  sufficient  bill  of 
sale  and  conveyance  thereof 

3n  toitness  t»l)cveof,  &c.  [as  in  No.  1]. 


AGREEMENTS.  IV 

No.  11. — Agieement  to  cultivate  Land  on  Shares. 

@^t)i5  QVgreemcnt,  &c.  [as  in  No.  1  to*] — 
toitnessetl),  that  the  said  John  Doe  agrees  with  the  said 
Richard  Roe,  that  he  will  properly  plough,  harrow,  till,  fit, 
and  prepare  for  sowing,  all  that  certain  field  of  ground  be- 
longing to  the  said  Richard  Roe,  which  field  lies,  &c.  [here 
insert  description  of  the  Jield]^  containing  about  Jifti/  acres, 
and  to  sow  the  same  with  good  winter  wheat,  finding  one  half 
of  the  seed  wh^at  necessary  therefor,  on  or  before  the  Jirst 
day  of  Septemher  next ;  and  that  he  will  at  the  proper  time 
cur,  harvest,  and  thrash,  the  said  wheat,  and  properly  winnow 
and  clean  the  same,  and  deliver  the  one  half  part,  of  the  said 
wheat  to  the  said  Richard  Roe,  at  his  ham,  on  his  premises, 
in  the  town  of  Washington  aforesaid,  near  his  dwelling-house, 
within  ten  days  after  the  same  shall  have  been  cleaned ;  and 
will  carefully  stack  the  one  half  part  of  the  straw  on  the 
premises  of  the  said  Richard  Roe,  near  to  his  barn  aforesaid. 
And  the  said  Richard  Roe,  in  consideration  of  the  forego- 
ing agr-eement,  promises  and  agrees,  to  and  with  the  said 
John  Doe,  that  he  may  enter  in  and  upon  the  said  field  for 
the  pui-pose  of  tilling  and  sowing  the  same,  and  of  harvesting 
the  crop ;  and  free  ingress  and  egress  have  and  enjoy  for  the 
purposes  aforesaid  ;  and  that  he  will  furnish  to  the  said  John 
Doe  one  half  part  of  the  seed  wheat  necessary  to  sow  the 
same,  on  or  before  the  Jirst  day  of  September  next,  and  per- 
mit the  said  John  Doe  to  thrash  and  clean  the  wheat  upon 
the  premises  of  the  said  Richard  Roe. 

Jn  toitncss  to  hereof,  &c.  [as  in  No.  1]. 


No.  12. — Agreement  for  the  Sale  of  Horse. 

ffi!)is  '3l9rccmcntt  &c.  [as  in  No.  l  to  the  •  ] — 
toitnessetl),  that  the  said  John  Doe  hereby  agrees  to  sell 
to  the  said  Richard  Roe  his  dark-hay  horse,  with  a  tvhiti 
ttar  in  the  forehead,  and  hlack  mane  and  tail,  and  to  warrnni 
the  said  horse  to  be  well  broken,  to  be  kind  and  gentle,  both 
under  the  saddle  and  in  single  and  double  harness,  to  be 
sound  in  every  respect  and  free  from  vice — for  the  sum  of 
One  hundred  dollars,  to  be  paid  by  the  said  Richard  Rob  on 
the  tenth  day  of  May  next. 

2» 


18  '  AGREEMENTS. 

Ill  consideration  whereof,  the  said  Richard  Roe  agi'ees  to 
purchase  the  said  horse,  and  to  pay  therefor  to  the  said  John 
Doe  the  sum  of  one  hundred  dollars,  on  the  tenth  day  of. May 
next. 

In  mUUBB  m\\CXCOff  &c.  [as  in  No   1]. 


No.  13. — Agreement  for  Sale  and  Purchase  of 
Fruit-Trees. 

®l]is  Agreement,  &c.  [as  in  No.  \  to*] — 

toitncssetl),  fhat  the  said  John  Doe  agrees  to  sell  and 
deliver  to  the  said  Richard  Roe,  at  his  dwelling-house  in 
Springjlel^  aforesaid,  Jive  hundred  apple-trees,  two  hundred 
and  fifty  peach-trees,  two  hundred  plum-trees,  one  hundred 
pear-trees,  and  fifty  nectaiine-trees,  all  in  good  order  for 
transplanting,  in  the  month  of  May  next,  for  the  following 
prices,  namely  :  for  each  hundred  apple-trees,  twenty  dollars  ; 
for  each  himdred  peach-trees,  fifteen  dollars;  for  each  hun- 
dred plum-trees,  thirty  dollars ;  for  each  hundred  pear-trees, 
twenty  five  dollars ;  and  for  each  fifty  nectarine-trees,  ten 
dollars.* 

And  the  said  Richard  Roe,  in  consideration  thereof,  agrees 
to  purchase  the  trees  aforesaid,  in  the  quantity  aforesaid,  and 
at  the  prices  aforesaid  ;  and  to  pay  to  the  said  John  Doe  the 
price  therefor  in  cash  upon  the  delivery  of  the  said  trees. 

Jn  tDitne0s  ujl)ereof,  &c.  \as  in  No.  i]. 


No.  14. — Agreement  for  Barter. 

8i:i)is  Agreement,  &c.  [as  in  No.  l  to  *  ] — 

toitncssetl),  that  the  said  John  Doe,  in  consideration  of 
the  agreement  of  the  said  Richard  Roe,  hereinafter  con- 
tained, agrees  to  deliver  to  the  said  Richard  Roe,  on  or  be- 
fore the  first  day  of  October  next,  one  thousand  bushels  of 
otatoes,  at  the  dwelling-house  of  the  said  Richard  Roe. 

And  the  said  Richard  Roe,  in  consideration  thereof,  agrees 
to  deliver  to  the  said  John  Doe,  at  his  dwelling-house,  on  oi 
before  the  first  day  of  October  next,  two  hundred  and  fifty 
bushels  of  good,  clean,  merchantable  wheat. 

Jn  toitncss  tDl)creof»  &c.  [as  in  No.  l\. 

*  The  number  of  trees  and  the  price  may  be  varied  to  correspond  witli  ih^ 
agreement  between  the  parties. 


AGREEMENTS  19 

No.  15.— -Agreement  for  the  Sale  of  Animals. 

or  I)  is  Agreement,  &c.  [as  in  No.  1  to  *] — 

toitncssctl),  that  in  consideration  of  the  agreement  of  the 
said  Richard  Roe,  hereinafter  contained,  the  said  John  Jj<,l 
agiees  to  sell  and  deliver,  on  the  ^r*^  day  of  June  next,  to 
the  said  Richard  Roe,  at  his  store  in  Bennington,  one* yoke 
of  four -year  old  oxen. 

And  the  said  Richard  Roe,  in  consideration  thereof,  agreea 
to  pay  to  the  said  John  Doe  sixty  dollars  immediatelv  upon 
the  delivery  thereof. 

lixi  tDitness  tD hereof,  &c.  [as  in  No.  1]. 


No.  16. — Apprentice's  Indenture.* 

8^l)is  Jnbentnre  toitncssetl),  that  James  Doe,  of  the^oM?^ 
of  Cooperstown,  in  the  county  of  Otsego,  and  state  of  New 
York,  now  aged  eighteen  years,  by  and  w^ith  the  consent  of 
John  Doe  his  father,  hath  voluntarily,  and  of  his  own  free 
will  and  accord,  put  and  bound  himself  apprentice  to  Rich- 
ard Roe,  of  the  city  of  Rochester,  in  the  county  of  Monroe, 
and  state  of  New  York,  to  learn  the  art,  trade,  and  mystery 
of  a  hatter,  and  as  an  apprentice,  to  serve  from  this  date, 
for  and  during  and  until  the  full  end  and  term  of  three  years 
next  ensuing ;  during  all  which  time,  the  said  apprentice  his 
master  faithfully,  honestly,  and  industriously  shall  serve,  his 
secrets  keep,  all  lawful  commands  everywhere  readily  obey, 
and  at  all  times  protect  and  preserve  the  goods  and  property 
of  said  master,  and  not  suffer  or  allow  any  to  be  injured  or 
wasted  ;  he  shall  not  buy,  sell,  or  traffic  with  his  own  goods. 
or  the  goods  of  others,  nor  be  absent  from  his  said  master'? 
service  day  nor  night,  without  leave,  and  in  all  things  behave 
himself  as  a  faithful  apprentice  ought  to  do,  during  the  said 
term.  And  the  said  master  shall  use  and  employ  the  utmost 
of  his  endeavors  to  teach,  or  cause  him,  the  said  apprentice, 
to  be  taught  or  instructed,  in  the  art,  ti'ade,  and  mystery  of 
hatter,  and  ofmakivg  and  finishing  hats  in  all  its  branches^ 

•  An  indenture  ia  an  instrament,  under  seal,  indented  or  notched  at  the. 
•'  inxtnr  derUium,"  like  the  teeth  of  a  saw.     Most  of  the  states  have  spi 
rejoilations  in  regard  to  the  rights  and  duties  of  the  parties,  which  shouf 
ohservrd.  ^ 

♦  The  conditions  in  reernrd  to  board  and  lodirings,  and  the  rate  of  wncf-a  with 
the  time  of  payment,  Hhould  iiero  be  iuaertcd,  according  to  the  terms  of  agree- 
n»unt  made  between  the  parties. 


20  AGREEMENTS. 

And  for  the  true  performance  of  all  and  singular  the  cove- 
nants and  agreements  aforesaid,  the  ^a7ties  bind  themselves 
each  unto  tlie  other,  firmly  by  these  presents. 

Sn  toitness  tul^ereof,  the  parties  aforesaid  have  hereunto 
set  their  hands  and  seals,  the   tenth  day  of  July,   in  the   year 
one  thousand  eight  hundred^and  fifty. 
Sealed  and  delivered ") 

in  the  presence  of  1  JAMES  DOE  (seal). 

John  Smith,       [  RICHARD  FOE  (seal). 

Peter  Jones.    \ 

T  do  her€*by  consent  to,  And  approve  of,  the  binding  of  my 
son,  James  Doe,  as  in  the  above  indenture  mentioned. 

Cooperstown,  July  10,  A.  D.  1850.  JOHN  DOE. 


No.  17.— Servant's  Indenture. 

S^l)i5  Jitbcntnre  toitncsSCtI),  that  John  Doe,  now  aged 
seventeen  years,  of  the  cHij  of  Boston,  in  the  county  of  Suffolk. 
and  state  of  Massackusetts,  by  and  with  the  consent  of  Wil- 
liam  Doe,  his  father,  hath  voluntaiily,  and   of  his  own  free 
will  and  accord,  put  and  bound  himself  servant  to  Richard 
Roe,  of  the  same  place,  and  as  a  domestic  servant,  to  serve 
from  the  date  hereof,  for  and  until  the  full  end  and  term  of 
his  minority  ;  during-  all  which  time,  the  said  servant  his  mas- 
ter faithfully,  honestly,  and  industriously  shall  serve,  all  law- 
ful commands  everywhere  readily  obey,  protect  and  preserve 
uie  goods  and  property  of  his  said  master,  and  not  suffer  or 
allow  any  to  be  injured   or  wasted;   he  shall  not  be  absent 
from  service  without  leave,  and  in  all  things  and  at  all  times 
behave  as  a  faithful  servant  ought  to  do.     And  the  said  Rich- 
L         ARi>  Roe  shall  and  will  furnish  and  provide  the  said  servant, 
Wk       duiing  the   contim  "^nce  of  the  said  term,  with  suitable  and 
Hk     sufficient  boaid,  lodging,  and  washing  ;   and  in  case  of  sick- 
^^^k  ness,  with  medical  attendance,  dare,  and  medicines. 
^^^L     And  for  the  true  performance  of  all  and  singular  the  cov- 
^^Benants  and  agreements  aforesaid,  the  said  parties  bind  them- 
^^H^ves,  each  unto  the  other,  firmly  by  these  presents. 
^^^m  '^^  tuitncss  tcljcreof,  &c.  [as  in  No.  16]. 
^^^B|  I  do  hereby  consent  to,  and  approve  of,  the  binding  of  mj 
son,  John  Doe,  as  in  the  above  indenture  mentioned. 
Boston,  Novemher  1,  1850.  WILLIAM  DOE 


AKBITRATJON.  2i 


ARBITRATION. 

AuBiTRATioN  IS  an  agreement  by  parties  who  have  a  con- 
troversy, to  submit  that  controversy  or  difference  to  the  de- 
cision of  a  third  party. 

AVhen  the  matters  in  difference  are  simply  th(^se  of  fact  or 
opinion  merely,  it  is  often  more  expeditious  and  satisfactory 
to  submit  them  to  the  decision  of  mutual  friends  than  to  the 
regularly -constituted  authorities.* 

The  agreement  to  refer  matters  in  difference  to  the  decision 
of  a  third  party,  is  called  a  submissiaa,. 

The  decision  of  the  arbitrators  is  called  an  award. 

The  aw^ard  should  be  specific  and  distinct,  containing  the 
decision  of  the  arbitrators  in  as  clear  and  concise  language 
as  possible. 

When  the  arbitration  is  under  a  rule  of  court,  the  award 
should  be  sealed  up  and  delivered  to  the  court  without  delay. 

The  following  oath  should  be  taken  by  the  persons  chosen 
as  arbitrators,  before  entering  upon  the  examination  of  the 
matters  in  dispute  : —  ^ 

We,  the  undersigned,  arbitrators,  appointed  by  and  be- 
tween John  Doe  and  Richard  Roe,  do  swear  fairly  and  faith- 
fully to  hear  and  examine  the  matters  in  controversy  between 
the  said  Joh.\  Doe  and  Richard  Roe,  and  to  make  a  just 
award  according  to  the  best  of  our  understanding. 

JOHN  JONES, 
HENRV  SMITH, 
THOMAS  SHARPE. 

Sworn  to,  this  fifUcnth  day  of  October,  A.  D.  IS5-,  before 
me — 

John  Richter,  Justice  of  the  Peace 

Oath  to  be  administered  to  a  witness  by  arbitrators : — 
You  do  solemnly  swear  that  the  evidence  you  shall  give  to 
the  arbitrators  here  present  in  a  certain  controversy  wuhmit* 
ted  to  them  by  and  between  John  Doe  and  Richard  Roe, 
shall  be  the  truth,  the  whole  truth,  anfl  nothing  but  tlio  truth; 
80  help  you  God. 


22  AilBITlCATlON. 


No.  18. — Form  of  Submission. 

HnotD  all  MXtn  bjl  tl)CSe  JJreaentS,  that  whereas  a  contro- 
versy is  now  existing  between  John  Doe,  of  the  city  or  Netc 
York,  in  the  county  of  New  York,  and  state  of  New  York,  and 
Richard  Roe,  o^  the  same  place,  concerning  the  sale,  warrant  i/, 
and  sou7idness,  of  a  certain  horse,  which  it  is  alleged  was  sold 
by  the  said  John  Doe  to  Richard  Roe  aforesaid,  upon  a 
warranty  that  the  said  horse  was  sojind  in  every  respect,  and 
ichich  horse,  it  is  alleged,  is  not  and  was  not  at  the  time  of 
such  sale  sound  in  every  respect : 

Now,  therefore,  we  the  s«id  John  Doe  and  Richard  Roe 
do  hereby  submit  the  said  controversy  to  the  decision  and 
arbitration  of  John  Jones,  Henry  Smith,  and  Thomas 
Sharpe,  all  of  New  York  aforesaid,  or  to  any  two  of  them  ; 
and  do  covenant  each  with  the  other  that  we  will  in  all  thinga 
faithfidly  keep,  observe,  and  abide  by,  the  decision  and  award 
that  they  or  any  two  of  them  may  make  in  writing  in  the 
premises  under  their  hands,  ready  to  be  delivered  on  or  be- 
fore the^r*^  day  of  October  next. 

^nb  it  is  fnrt()er  agreeir  between  the  parties  hereto, 
that  the  party  that  shall  fail  to  keep,  abide  by,  and  observe 
the  decision  and  award  that  shall  be  made  according  to  the 
foregoing  submission,  will  pay  to  the  other  the  sum  of  two 
hundred  dollars,  as  liquidated,  fixed,  and  settled  damages. 

u3itU00S  our  hands  and  seals,  this  tenth  day  of  October ^ 
one  thousand  eight  hundred  and  fifty. 
Sealed  and  delivered  ^ 

in  the  presence  of  1  JOHN  DOE  (seal). 

John  Smith,       [  RICHARD  ROE  (seal). 

John  Stone.       J 


k 


No.  19. — Arbitration  Bond. 


KnotD  all  iHen  bg  tl)ese  presents,  that  I,  John  Doe 

f  the  city  of  New  York,  in  the  county  of  New  York,  and  state 
of  New  York,  am  held  and  firmly  bound  unto  Richard  Roe, 
of  the  same  place,  in  the  sum  oi  five  hundred  dollars,  lawful 
money  of  the  United  States  of  America,  to  be  paid  to  the  said 
Richard  Roe,  his  executors,  administrators,  or  assigns ;  for 
which  payment,  well  and  truly  to  be  made,  I  bind  myself,  my 
beirs,  executors,  and  admini^tratois,  each  and  ever^  of  lliem 


ARBITRATION.  23 

firmly  by  ihese  presents.     Sealed  with  my  seal.     Dated  the 
twelfth  day  of  October,  one  thousand,  eight  hundred,   and 

®I)e  fonbition  of  the  above  obligation  is  such,  that  if  the 
above-bounden  John  Doe  shall  well  and  truly  submit  to  the- 
decision  of  John  Jones,  Henry  Smith,  and  Thomas  Sharpe, 
or  the  majority  of  them  named,  selected  and  chosen  arbitra- 
tors, as  well  by  and  on  the  part  and  behalf  of  the  said  John 
Doe  as  of  the  said  Richard  Roe,  between  whom  a  contro- 
versy exists,  to  hear  all  the  proofs  and  allegations  of  the  par- 
ties of  and  concerning  the  sale,  warranty,  and  soundness,  of  a 
certain  horse,  which  it  is  alleged  is  unsound,  and  that  it  was 
sold  hy  the  said  John  Doe  to  the  said  Richard  Roe  with 
warranty  that  it  was  in  every  respect  sound — and  all  matters 
relating  thereto ;  and  that  the  award  of  the  said  arbitrators 
be  made  in  writing,  subscribed  by  them  or  the  majority  of 
them,  and  attested  by  a  subscribing  witness,  ready  to  be  de- 
livered to  the  said  parties  on  or  before  the  first  day  of  No- 
vember next.  But  before  proceeding  to  take  any  testimony 
therein,  the  arbitrators  shall  be  sworn  "  faithfully  and  fairly 
to  hear  and  examine  the  matters  in.  controversy  between  the 
parties  to  these  presents,  and  to  make  a  just  award  according 
to  the  best  of  their  understanding."  And  the  said  parties  to 
these  presents  do  hereby  agree,  that  judgment  in  the  supreme 
court  of  the  said  state  shall  be  rendered  upon  the  award  which 
may  be  made  pursuant  to  this  submission,  to  the  end  that  all 
matters  in  controversy  in  that  behalf,  between  them,  shall  be 
finally  concluded — then  the  above  obligation  to  be  void,  other- 
wise to  remain  in  full  force  and  virtue. 
Signed,  sealed,  and  deliv- 

JOHN   DOE  (seal). 

RICHARD   ROE  (stalj. 


ered,  in  presence  of 

Peter  J^'enny, 

Hiram  Jones. 


Another  bond  should  be  executed  by  Richard  Roe  to  Johu 
Doe,  similar  to  this  in  every  respect,  except  reversitig  tli 
names 


AHBlfRAnOi'^. 


No.  20. — Award  of  Arbitrators. 
QTo  all  to  tDl)om  tliese  Presents  6l)aU  come  or  map 

COUCCritj  Greeting  :  We,  John  Jones,  Henry  Smith,  ami 
'Thomas  Suarpi.  to  whom  was  submitted  as  arbitrators  the 
matters  in  controversy  existing  between  John  Doe  and  Ricn- 
\RD  Roe,  both  of  the  city  of  New  York,  in  the  county  of  New 
York,  and  state  of  New  York,  as  by  the  condition  of  their  re- 
spective bonds  of  submission,  executed  by  the  said  parties 
respectively,  each  unto  the  other,  and  bearing  date  the  twelfth 
day  of  October,  one  thousand  eight  hundred  and  fifty,  more 
fully  appears. 

Now,  therefore,  know  ye,  that  we  the  arbitrators  men- 
tioned in  the  said  bonds,  having  been  first  duly  sworn  accord- 
ing to  law,  and  having  heard  the  proofs  and  allegations  of  the 
parties,  and  examined  the  matters  in  controversy  by  them 
submitted,  do  make  this  award  in  writing  :  that  is  to  say,  the 
said  John  Doe  did  sell  to  the  said  Richard  Roe  a  certain 
horse  on  the  fifteenth  day  of  September  last,  warranting  him 
to  be  sound  in  every  respect,  for  the  price  of  one  hundred  and 
fifty  dollars  ;  the  said  horse  is  and  was  at  the  time  of  such 
sale  unsound,  and  worth  only  the  sum  of  forty  dollars  ;  and 
the  said  John  Doe  should  pay  to  the  said  Richard  Roe  one 
hundred  and  ten  dollars  for  the  difference  in  price,  and  thirty 
dollars  for  the  expenses  of  keeping  him,  besides  the  costs  of 
this  arbitration. 

Sn  roitness  tDl)ereof,  we  have  hereunto  subscribed  these 
presents,  this yi/'5i  day  cf  November,  one  thousand  eight  hun- 
dred and  fifty. 

In  the  presence  of  )  JOHN  JONES, 

Petkr  Penny,     S-  HENRY  SMITH, 

Hiram  Jones.      \  THOMAS  SHARPE. 


ASSIGNMENTS.  2Q 


ASSIGNMENTS. 


An  assignment  is  a  transfer  of  one  man's  interest  in  prop- 
eity  to  another,  enabling  the  person  to  whom  it  is  assigned 
ro  have  the  same  control  over  the  thing  assigned  as  though 
he  were  the  original  owner. 

An  assignment  made  with  the  intent  to  hinder,  delay,  or 
defraud  creditors  or  othei  persons,  is  void. 

An  assignment  may  be  made  for  the  benefit  of  the  one  to 
whom  it  is  made  ;  or  partly  for  his  benefit  and  partly  in  trust 
for  the  benefit  of  others ;  or  wholly  in  trust  for  the  benefit  of 
others. 

If  there  be  reserved  in  an  assignment  any  profit,  benefit,  or 
advantage,  to  the  one  making  tfie  assignment,  this  will  be  con- 
clusive evidence  of  fraud ;  and  the  assignment  would  be  at 
once  set  aside  on  the  application  of  creditors  prejudiced  by  it. 

But  the  assignee  may  employ  the  assignor  in  settling  up 
the  claims  and  such  like  business  necessary  to  be  done. 

An  assignment,  like  any  other  conveyance,  of  an  interest  in 
lands,  should  be  immediately  acknowledged  and  propeny 
recorded. 

An  assignment  to  a  near  relation  is  always  looked  upor. 
with  great  suspicion  by  the  courts ;  and,  unless  made  with 
entire  good  faith,  and  for  a  valuable  consideration,  will  be  set 
aside  on  the  application  of  creditors  upon  whom  it  operates 
a8  a  fraud. 


No.  21.— General  Form  of  Assignment 
KnoTD  all  XHen  bii  these  presents,  that  I,  John  Doe, 

vifhin  named,  in  consideration  ot  fifty  dollars,  to  me  m  ham 

111*  by  RicHAKD  Roe.  of  the  citi/  of  Boston,  in  the  county 
■^"ffolk,  and   state   of  Massachusetts,  tiie   receipt  wliercuf 

'  It  will  hardly  be  neccssa.y  to  caution  a  prudent  person  againnt  parting  with 
t)io  poaaoMJcn  or  an  inmrament  acknowledging  the  receipt  of  tiie  conBideration 
an::!  it  ha«  actually  been  paid. 


26  ASSIGNMENTS.       . 

hereby  acknowledged,  have  sold  and  assigned,  and  by  these 
presents  do  sell  and  assign,  to  the  said  Richard  Roe,  the 
within  instrument  in  writing,  and  all  my  right,  title,  and  in- 
terest in  and  to  the  same,  authorizing  him,  in  my  name  or 
otherwise,  but  at  his  own  expense,  to  enforce  the  same  ac- 
cording to  the  tenor  thereof. 

3n  XoitnCQQ  tDl)erjeof,  I  have  hereunto  set  my  hand  and 
seal,  this  ^rst  day  of  July,  one  thousand  eight  hundred  and 

My- 

JOHN  DOE  fsealj. 
Sealed  and  delivered  in  presence  of  ^ 
John  Smith,  > 

John  Stone.  ) 

The   foregoing  form  to  be  endorsed    on  the   instrument 
assigned. . 


k 


No.  22. — Assignment  of  Bond. 
Unoto  all  Men  b^  i\)CBc  JJreaents,  that  I,  John  Doe, 

of  the  citi/  of  Rochester,  in  the  county  of  Monroe,  and  state 
of  New  York,  of  the  first  part,  for  and  in  consideration  of  the 
sum  of  one  thousand  dollars,  lawful  money  of  the  United  States 
of  America,  to  me  in  hand  paid  by  Richard  Roe,  of  the  city 
of  Brooklyn,  in  the  county  of  Kings,  and  state  of  New  York, 
of  the  second  part,  at  or  before  the  ensealing  and  delivery 
of  these  presents,  the  receipt  whereof  is  hereby  acknowledged, 
have  bargained,  sold,  and  assigned,  and  by  these  presents  do 
bargain,  sell,  and  assign,  unto  the  said  party  of  the  second 
part,  his  executors,  administrators,  and  assigns,  a  certain  writ- 
ten bond  or  obligation  and  conditions  thereof,  bearing  date 
the  ^rst  day  of  January,  one  thousand  eight  hundred  and 
fifty,  executed  by  John  Smith,  of  the  city  of  New  York,  in 
the  county  of  New  York,  and  state  of  New  York,  to  me,  con- 
ditioned for  the  payment  of  twelve  hundred  dollars,  on  the 
first  day  of  May  next,  with  interest,  and  all  sum  and  sums 
of  money  due,  or  to  grow  due  thereon.  And  the  said  party 
of  the  first  part  doth  covenant  with  the  said  party  of  the  sec- 
ond part,  that  there  is  now  due  on  the  said  bond  or  obliga- 
lioii,  according  to  the  conditions  thereof,  for  principal  and 
interest,  the  sum  of  twelve  hundred  and  forty-two  dollars,  and 
doth  hereby  authorize  the  said  party  of  the  second  part,  in 
his  name  to  ask,  demand,  sue  for,  recover,  receive,  aiid  enjoj, 


ASSIGNMENTS. 


2i 


the  money  due,  and  that  may  grow  due  thereon,  as  afore- 
said. 

3X1  tnitncSS  tX)l)Crcof,  I  have  hereunto  set  my  hand  and 
seal,  this  jifth  day  of  Juli/,  one  thousand  eight  hundred  and 

Ml/' 

JOHN  DOE  fscalj. 

Sealed  and  delivered  in  the  presence  of 
Peter  Pepper, 
John  Stone. 


No.  23.— Assignment  of  Mortgage. 
HnoxD  all  fUcn  bg  tl)cse  presents,  that  I,  John  Doe, 

of  the  toum  of  White  Plains^  in  the  county  of  Westchester, 
and  state  of  New  York,  of  the  first  part,  in  consideration  of 
ihe  sum  of  two  thousand  dollars,  law^fiil  money  of  the  United 
States,  to  me  in  hand  paid  by  Richard  Roe,  of  the  same 
place,  of  the  second  part,  at  or  before  the  ensealing  and  de- 
livery of  these  presents,  the  receipt  whereof  is  hereby  ac- 
knowledged, have  granted,  bargained,  sold,  assigned,  trans- 
ferred, and  set  over,  and  by  these  presents  do  grant,  bargain, 
sell,  assign,  transfer,  and  set  over,  unto  the  said  party  of  the 
second  part,  a  certain  indenture  of  mortgage,  bearing  date 
the  tenth  day  of  April,  in  the  year  one  thousand  eight  hun- 
dred and  Jifti/,  made  by  Hiram  Smith,  of  the  toton  of  White 
Plains,  in  the  county  of  Westchester,  and  state  of  New  York, 
to  secure  the  sum  of  two  thousand  dollars,  together  with  the 
bond  or  obligation  therein  described,  and  the  money  due  and 
to  grow  due  thereon,  with  the  interest.  (Ja  IjatJe  axit  lo 
|)Olu  the  same  unto  the  said  party  of  the  second  part,  his  ex- 
ecutors, administrators,  and  assigns,  for  his  sole  use,  benefit, 
and  behoof,  for  ever,  subject  only  to  the  proviso  in  the  said 
indenture  of  mortgage  mentioned  :  and  1  do  hereby  make, 
constitute,  and  appoint,  the  said  party  of  the  second  part  my 
true  and  lawful  attorney,  irrevocable,  in  my  name  or  other 
wise,  but  at  his  proper  costs  and  charges,  to  have,  use,  an 
take,  all  lawful  ways  and  means  for  the  recovery  of  the  sai 
money  and  interest;  and  in  case  of  payment,  to  discharge  t 
same  as  fully  as  I  might  or  could  do  if  these  presents  we 
not  made. 

And  I  covenant,  for  myself,  my  heirs,  executors,  and  ad- 
ministrators, that  I  am  the  true  and  lawful  owner  of  the  sai<l 


28  ASSIGNMENTS. 

bond  and  mortgage,  and  that  I  have  just  right,  full  power 
and  authority  to  sell,  assign,  and  dispose  of  the  same ;  and 
that  there  is  now  owing  thereon  the  said  principal  sum  oi  two 
thousand  dollars,  together  with  the  interest  thereon,  from  the 
Jirst  day  of  August  last  past. 
Jn  XDitnesB  tol)erjeof,  &c.  [as  in  No.  22]. 


No.  24. — Assignment  of  Mortgage  to  be  endorsed 
thereon.* 

I,  John  Doe,  in  consideration  of  Jive  hundred  dollars,  to  me 
in  hand  paid  by  Richard  Roe,  of  the  city  of  Hartford,  in  the 
county  of  liar  fjord,  and  state  of  Connecticut,  the  receipt  where- 
of is  hereby  acknowledged,  do  hereby  assign,  transfer,  convey, 
and  set  over,  unto  the  said  Richard  Roe,  the  within  inden- 
ture of  mortgage  and  the  bond  accompanying  the  same,  and 
all  my  right,  title,  and  interest,  in  and  to  the  same,  and  do 
authorize  the  said  Richard  Roe,  in  my  name  or  otherwise, 
but  at  his  own  costs  and  charges,  to  collect  and  obtain  pay- 
ment of  the  same.  And  T  covenant  that  there  is  now  owing 
for  principal  upon  the  said  bond  and  mortgage  the  sum  of 
^ve  hundred  dollars,  and  interest  from  the  jirst  day  of  Jul//, 
one  thousand  eight  hundred  and  Jifty ;  and  that  I  am  the 
owner  thereof,  and  have  good  right  to  sell  the  same.t 

Jn  mtneB5  tulji^reof,  &c.  [as  in  No.  22]. 


No.  25. — Assignment  to  be  endorsed  on  Mortgage 
when  intended  as  Collateral  Security. 

I,  John  Doe,  in  consideration,  &c.  [as  in  No.  24  to  t  ]. 
But  this  assignment  is  upon  this  express  condition,  that  if  the 
said  John  Doe,  his  heirs,  executors,  administrators,  or  assigns, 
shall  well  and  truly  pay  or  cause  to  be  paid  unto  the  said 
Richard  Roe  the  sum  of  Jive  hundred  dollars,  on  or  before 
the  ^rst  day  of  Jul?/,  one  tliousand  eight  hundred  and  Jifty- 
xght,  with  interest  thereon  from  the  date  hereof — then  this 

ignment  to  be  void  : 

But  if  the  said  Richard  Roe,  his  executors,  administrators, 

*  The  regulations  of  the  respective  states,  in  regard  to  acknowledging  and 
fecording  interests  in  landed  property,  will  be  found  described  on  pages  150 
io  341, 


ASSIGNMENTS.  2? 

or  assigns,  shall  collect  the  money  securei  hy  the  bond  and 
mortgage  hereby  assigned  ;  then,  after  taking  therefrom  the 
said  sum  o^  Jive  hundred  dollars,  with  interest  thereon  from 
the  date  hereof,  and  the  amount  of  the  costs  and  charges  prop- 
erly incurred  in  and  about  the  collecting  thereof,  he  or  they 
shall  pay  over  the  surplus  (if  any)  to  the  said  John  Doe,  his 
executors,  administrators,  or  assigns. 

Jn  toitness  toljcrcof,  we  have  hereunto  set  our  hands 
and  seals,  this  Jirst  day  of  October,  one  thousand  eight  hun- 
dred and  Jifty. 
Signed,  sealed,  and  deliv- ") 

ered,  in  presence  of       1  JOHN  DOE  (seal). 

John  Smith,  [  RICHARD  ROE  (seal  I 

James  Short.  \ 


No.  26. — Assignment  of  a  Debt 
Kncm  all  illen  bg  tljese  JJrcsento,  that  I,  John  Doe, 

of  the  city  of  New  Orleans,  in  the  parish  of  Orleans,  and  state 
of  Louisiana,  in  consideration  of  one  thousand  dollars  to  mo 
in  hand  paid  by  Richard  Roe,  of  the  same  place,  the  receipt 
whereof  I  hereby  acknowledge,  have  sold,  transferred,  and 
assigned,  unto  the  said  Richard  Roe,  a  certain  debt  due  and 
owing  to  me  from  John  Smith,  of  the  city  of  Cincinnati,  in 
the  coun»y  oi  Hamilton,  and  state  of  Ohio,  for  [here  state  the 
consideration  or  cause  of  indebtedness],  amounting  to  twelve 
hundred  dollars : 

And  I  do  hereby  authorize  the  said  Richard  Roe,  in  my 
name  or  otherwise,  but  at  his  own  costs,  to  sue  for,  collect, 
and  receive,  sell  and  transfer,  settle  and  discharge,  the  said 
debt. 

And  T  do  covenant  that  the  said  sum  of  twelve  hundred  dol- 
lars is  justly  owing  and  due  to  me  from  the  said  John  Smith, 
and  that  I  have  neither  done  nor  will  do  anything  to  lessen 
discharge  the  said  debt,  or  hinder  the  said  Richard  Roe 
his  assigns  from  collecting  the  same. 

Ju  witness  tDl)Creof,  &c.  [as  in  No.  22]. 
3* 


^ 


30  ASSIGNMENTS. 

No.  27. — Assignment  of  Judgment 

®l)is  Jfnbenture,  made  t\iG  Jlrst  day  of  October,  one  thou- 
sand, eight  hundred  and  fifty,  between  John  Doe,  of  the 
town  of  Winchester,  in  the  county  of  Cheshire,  and  state  of 
New  Hampshire,  of  the  first  part,  and  Richard  Roe,  of  the 
%ame  place,  of  the  other  part :  Whereas,  the  said  party  of  the 
first  part,  on  the^r*^  day  o^  June,  one  thousand  eight  hundred 
miA.  fifty,  recovered  by  judgment  in  the  superior  cow  t  of  the 
state  of  New  Hampshire,  against  John  Short,  the  sum  of  ten 
thousand  dollars  : 

NotD  tl)is  Inbenture  toitnessetl),  that  the  said  party  of 
the  first  part,  in  consideration  of  ten  thousand  dollars,  to  him 
duly  paid,  hath  sold,  and  by  these  presents  doth  assign,  trans- 
fer, and  set  over,  unto  the  said  party  of  the  second  part,  and 
his  assigiis,  the  said  judgment,  and  all  sum  and  sums  of  money 
that  may  be  had  or  obtained  by  means  thereof,  or  on  any  prt)- 
ceedings  to  be  had  thereupon.  And  the  said  party  of  the 
first  part  doth  hereby  constitute  and  appoint  the  said  party 
of  the  second  part,  and  his  assigns,  his  true  and  lawful  attor- 
ney irrevocable,  with  power  of  substitution  and  revocation, 
for  the  use  and  at  the  proper  costs  and  charges  of  the  said 
party  of  the  second  part,  to  ask,  demand,  and  receive,  and  to 
sue  out  executions,  and  take  all  lawful  ways  for  the  recovery 
of  the  money  due  or  to  become  due  on  the  said  judgment ; 
and  on  payment,  to  acknowledge  satisfaction,  or  discharge  the 
same  :  and  attorneys  one  or  more  under  him  for  the  purpose 
aforesaid,  to  make  and  substitute,  and  at  pleasure  to  revoke ; 
hereby  ratifying  and  confirming  all  that  his  said  attorney  or 
substitute  shall  lawfully  do  in  the  premises.  And  the  said 
party  of  the  first  part  doth  covenant  that  there  is  now  due  on 
the  said  judgment  the  sum  of  ten  thousand  dollars,  and  that 
he  will  not  collect  or  receive  the  same,  or  any  part  thereof, 
nor  release  or  discharge  the  said  judgment,  but  will  own  and 
allow  all  lawful  proceedings  therein,  the  said  party  of  the 
second  part  saving  the  said  party  of  the  first  part  harmless  of 
and  from  any  costs  in  the  premises. 

Jn  toitncSS  m\)tXtof^  the  party  of  the  first  part  hath 
hereunto  set  his  hand  and  seal  the  day  and  year  first  above 
writren.  JOHN  DOE  (seal). 

Sealed  and  delivered  hi  the  presence  of 
John  Smith, 
Peter  Jones. 


ASSIGNMENTS.  31 


No.  28. — Assignment  of  Lease. 
Itnou)  all  Men  bg  tljeae  preaents,  that  I,  John  Doe, 

of  the  city  of  Boston^m  the  county  of  Suffolk,  and  state  of 
Massachusetts,  for  and  in  consideration  of  the  sum  of  one  hun- 
dred dollars,  lawful  money  of  the  United  States,  to  me  duly 
paid  by  Richard  Roe,  of  the  same  place,  have  sold,  and  by 
these  presents  do  grant,  convey,  assign,  transfer,  and  set 
over,  unto  the  said  Richard  Roe,  a  certain  indenture  of 
lease,  bearing  date  the  first  day  of  April,  in  the  year  one 
thousand  eight  hundred  ^ndi  fifty,  made  by  James  Smart,  of 
the  city  of  Boston  aforesaid,  to  me  for  the  terra  of  twenty 
years,  reserving  unto  the  said  James  Smart  the  yearly  rent 
of  two  hundred  dollars,  payable  quarterly,  with  all  and  sin- 
gular the  premises  therein  mentioned  and  described,  and  the 
buildings  thereon,  together  with  the  appurtenances.  QTo 
1)000  tttlb  to  \\o\\i  the  same  unto  the  said  Richard  Roe,  his 
executors,  administrators,  and  assigns,  from  the  first  day  of 
May  next  ensuing,  for  and  during  all  the  rest,  residue,  and 
remainder,  yet  to  come  of  and  in  the  term  of  twenty  years 
mentioned  in  the  said  indenture  of  lease  :  subject,  neverthe- 
less, to  the  rents,  covenants,  conditions,  and  provisions,  therein 
also  mentioned.  [And  I  do  hereby  covenant,  grant,  promise, 
and  agree,  to  and  with  the  said  Richard  Roe,  that  the  said 
assigned  premises  now  are  free  and  clear  of  and  from  all  for- 
mer and  other  gifts,  grants,  bargains,  sales,  leases,  judgments, 
executions,  back  rents,  taxes,  assessments,  and  encumbrances, 
whatsoever.] 

Jn  tnitneas  toljereof,  &c.  [as  in  No.  22]. 
Instead  of  the  clause  within  brackets,  the  following  may  be 
used: — 

And  I  do  hereby  covenant  and  agree,  to  and  with  the  said 
Richard  Roe,  that  the  said  assigned  premises  are  free  and 
clear  of  and  from  all  other  gifts,  grants,  bargains,  sales,  leases 
end  encumbrances,  by  me  suffered,  made,  or  created. 


32  -.  ASSIGNMENTS. 


No.  29. — Assignment  of  Policy  of  Insurance.* 

Knoip  all  Men  bg  tljese  Presents,  that  I,  John  Doe, 

rf  the  city  of  St.  Louis,  in  the  county  of  St.  Louis,  and  state 
of  Missouri,  for  and  in  consideration  of  the  sum  of  Jive  hun- 
dred dollars,  lawful  money  of  the  United  States,  to  me  in 
hand  paid  by  Richard  Roe,  of  the  same  place,  the  receipt 
whereof  is  hereby  acknowledged,  do  hereby  sell,  assign,  trans- 
fer, convey,  and  set  over,  unto  the  said  Richard  Roe  all  my 
right,  title,  interest,  claim,  and  demand,  in  and  to  the  within 
named  policy  of  insurance,  and  all  sum  and  sums  of  money, 
interest,  benefit,  and  advantage  whatever,  now  due  or  which 
may  hereafter  arise,  or  to  be  had  or  made,  by  virtue  thereof, 
t'  have  and  to  hold  the  same  unto  the  said  Richard  Roe,  his 
heirs  and  assigns,  for  ever. 

In  witness  tDl)ereof,  &c.  [as  in  No.  22]. 


No.  30. — Assignment  for  the  Benefit  of  all  Credit- 
ors equally. 

HnoMJ  all  Mzn  bg  tl)ese  ^presents,  that  I,  John  Doe, 

of  the  town  of  Milford,  in  the  county  of  New  Haven,  and 
state  of  Connecticut,  for  value  received,  have  sold,  and  by 
these  presents  do  grant,  sell,  assign,  and  convey,  unto  Rich- 
ard Roe,  of  the  same  place,  all  the  accounts,  debts,  dues, 
notes,  bills,  bonds,  and  demands,  enumerated  and  specified  in 
the  schedule  hereunto  annexed,  and  marked  **  Schedule  ^  ;"  1 
to  have  and  to  hold  the  same,  unto  the  said  Richard  Roe  and 
his  assigns : 

In  trust  to  collect,  sue  for,  demand,  receive,  and  recover, 
all  such  sums  of  money  as  may  be  due,  owing,  and  payable 
thereon ;  and  after  paying  all  reasonable  and  proper  costs, 
charges,  and  expenses,  to  pay  to  each  and  all  of  my  creditors 
the  full  sum  that  may  be  due  and  owing  to  them  from  me, 
^'  of  whom  the  said  Richard  Roe  is  one,  and  a  full  and  com- 
plete list  of  whom,  with  the  true  amount  due  to  each,  is  con- 
tained in  the  schedule  hereto  annexed,  marked  "  Schedule 
B ;"  and  if  the  proceeds  of  the  said  notes,  accounts,  bonds, 

*  Tliis  assignment  must  be  endorsed  on  the  insurance  policy,  and  approval  of 
the  insurers  attested  by  the  signature  of  one  of  the  principal  officers  of  the  insu- 
rance company. 

t  The  schedules  should  state  the  assignment  to  which  they  belong,  and  be 
dated  and  signed  by  the  parties,  for  the  purpose  of  identification. 


ASSIGNMENTS.  33 

and  so  forth,  be  not  sufficient  fully  and  entirely  to  pay  off  and 
satisfy  each  and  all  of  my  creditors,  then  to  pay  them  -pro  rata 
in  proportion  to  the  amount  due  and  owing  to  each.  And  if 
the  proceeds  as  aforesaid  shall  be  more  than  sufficient  to  pay 
and  satisfy  every  one  of  my  creditors,  then  to  pay  and  return 
to  me  the  balance  that  may  be  left,  if  any,  after  paying  all  my 
creditors  as  aforesaid. 

And  I  do  hereby  nominate,  constitute,  and  appoint,  the  said 
Richard  Roe  my  true  and  lawful  attorney,  irrevocable,  in  my 
name  or  otherwise,  for  the  purpose  aforesaid,  to  ask,  demand, 
sue  for,  collect,  receive,  and  recover,  all  and  singular  such 
sum  or  sums  of  money  as  now  are  or  hereafter  may  become 
due,  upon,  for,  or  on  account  of  any  of  the  property,  effiicts, 
things  in  action,  or  demands  above  assigned  ;  giving  aiid 
granting  unto  my  said  attorney  full  power  and  authority  to 
do  and  perform  every  act,  deed,  and  thing,  requisite  and  ne- 
cessary m  the  premises ;  as  fully,  to  all  intents  and  purposes, 
as  I  might  or  could  do,  if  this  assignment  had  not  been  made  ; 
with  full  power  of  substitution  and  revocation,  hereby  ratify- 
ing and  confirming  all  that  my  said  attorney  or  his  substitute 
may  lawfully  do  or  cause  to  be  done,  in  the  premises,  by  vir- 
tue hereof 

In  XDitnes0  toljereof,  &c.  \as  in  No.  22]. 


No.  31. — Assignment  by  a  Firm  for  the  Benefit  of 
Preferred  Creditors. 

®l}is  Jnbentnre,  made  this  Jirst  day  o^  July,  in  the  year 
one  thousand  eight  hundred  and  fifty,  between  John  Doe 
and  Richard  Doe,  of  the  city  o^  Philadelphia,  in  the  county 
of  Philadelphia,  and  state  of  Pennsylvania,  copartners, 
known  as,  and  doing  business  under  the  name,  8tyh%  or  firm, 
of  John  Doe  and  Brother,  of  the  first  part,  and  James 
Smith,  of  the  city  of  Philadelphia  aforesaid,  of  the  second 
part : 

Whereas,  the^aid  firm  or  copartnership  are  justly  indebted 
in  sundry  dues  and  considerable  sums  of  money,  and  have  bi 
come  unable  punctually  to  pay  and  discharge  the  same,  an 
are  desirous  of  making  a  fair,  just,  and  equitable  distrib 
don  of  all  their  property  and  effects  among  their  creditor 

Notn,  therefore,  t[)is  JTnbentnre  ujilnesscti),  that  the  said 
pailies  of  the  first  part,  in  consideration  of  the  premises  and 


34  ASSIGNMENTS. 

of  the  sum  o£  one  dollar  to  them  in  hand  paid  by  the  said 
party  of  the  second  part,  the  receipt  whereof  is  hereby  ac- 
knowledged, have  granted,  bargained,  covenanted,  released, 
sold,  assigned,  transferred,  and  set  over,  and  by  these  pres- 
ents do  grant,  bargain,  covenant,  release,  assign,  transfer,  and 
set  over,  unto  the  said  James  Smith,  of  the  second  part,  and 
to  his  heirs  and  assigns  for  ever,  all  and  singular  the  lands, 
tenements,  hereditaments,  and  appurtenances,  situate,  lying, 
and  being  within  the  state  of  Pennsylvania  ;  and  all  goods, 
wares,  merchandise,  chattels,  notes,  bills,  bonds,  judgments, 
evidences  of  debt,  securities  and  vouchers  for  and  affecting 
the  payment  of  money,  claims,  demands,  things  in  action,  and 
property  of  every  name  and  nature  whatsoever,  of  and  be- 
longing to  the  said  parties  of  the  first  part  (and  which  are 
more  particularly  and  fully  enumerated  and  described  in  the 
schedule  hereto  annexed,  marked  ^*  Schedule  A''),  ^o  l)at)e 
(XXlb  to  l)0l&  the  same  and  every  part  and  parcel  thereof  with 
the  appurtenances  thereunto  belonging,  to  the  said  party  of  the 
second  part,  his  heirs,  executors,  administrators,  and  assigns : 
In  trust,  nevertheless,  for  and  upon  the  following  uses  and 
purposes,  namely :  the  said  party  of  the  second  part  to  take 
possession  of  all  and  singular  the  lands,  tenements,  and  he- 
reditaments, property  and  effects,  hereby  assigned,  and  sell 
and  dispose  of  the  same  upon  silch  terms  and  conditions  as  in 
his  judgment  may  appear  best  and  most  for  the  interest  of  all 
the  parties  concerned,  and  convert  the  same  into  cash ;  and 
to  collect  all  and  singular  the  said  notes,  bills,  bonds,  judg- 
ments, evidences  of  debt,  securities,  claims,  demands,  things 
in  action,  and  property,  or  so  much  thereof  as  may  prove 
collectible,  and  thereupon  execute,  acknowledge,  and  deliver, 
all  conveyances,  receipts,  and  instruments,  necessary  and 
proper  in  the  premises,  for  the  purposes  aforesaid.  And  by 
and  with  the  avails  and  proceeds  of  such  sales  and  collections 

^to  pay  or  cause  to  be  paid — 
First,  all  the  just  and  reasonable  expenses,  costs,  commis- 
sions, and  charges,  of  executing  and  carrying  out  the  objects 
of  this  assignment ;  and  all  rents,  assessments,  and  taxes,  due 
tor  to  become  due  on  the  lots,  lands,  tenements,  and  heredita- 
pients  aforesaid,  until  the  same  shall  be  sold  and  disposed  of 
i,ccording  to  this  assignment. 
f  Secondly,  to  pay  and  discharge  in  full  the  several  and  re- 
spective debts,  notes,  bonds,  obligations,  and  sums  of  money 


ASSIGNMENTS.  35 

for  which  they  are  jointly  liable  to  the  said  party  of  the  sec- 
ond part,  and  the  several  other  persons  and  firms  specified  in 
the  schedule  horeto  annexed,  marked  "  Schedule  B;**  together 
with  all  interest-moneys  now  due  or  to  grow  due  thereon  ; 
and  if  the  said  proceeds  and  avails  shall  not  be  sufficient  to 
pay  and  discharge  the  same  in  full,  then  such  proceeds  and 
avails  shall  be  distributed  pro  rata  among  the  said  several 
persons  and  firms  named  in  Schedule  B  aforesaid,  in  propor- 
tion to  the  amount  of  their  respective  claims. 

Thirdly,  to  pay  and  discharge  all  the  other  copartnership 
debts,  demands,  and  liabilities  whatsoever,  now  existing, 
whether  now  due,  or  hereafter  to  become  due,  provided  that 
there  be  sufficient  funds  for  that  purpose  ;  and  should  they 
prove  insufficient,  then  the  same  shall  be  applied  pro  rata  to 
the  payment  of  such  debts,  demands,  and  liabilities,  in  pro- 
portion to  their  respective  amounts. 

Fourthly y  to  pay  and  discharge  all  the  private  and  individ 
ual  debts  of  the  parties  of  the  first  part,  or  either  of  them, 
whether  now  due  or  to  grow  due,  provided  there  be  sufficient 
funds  for  that  purpose ;  and  should  they  prove  insufficient, 
then  the  same  to  be  applied  'pro  rata  to  the  payment  of  the 
said  debts  in  proportion  to  their  respective  amounts. 

Lastly,  to  return  the  full  surplus  of  the  said  proceeds  and 
avails,  if  any  there  shall  be,  to  the  said  parties  of  the  first 
part,  their  executors,  administrators,  and  assigns. 

And  for  the  better  execution  of  these  presents,  and  of  the 
several  trusts  hereby  reposed,  the  said  parties  of  the  first  part 
do  hereby  nominate,  constitute,  and  appoint,  the  said  party 
of  the  second  part,  their  and  each  of  their  true  and  lawful 
attorney,  irrevocable,  with  full  power  and  authority  to  do, 
transact,  and  perform  all  acts,  deeds,  matters,  and  things, 
which  are  or  may  be  necessary  in  the  premises,  as  fully  and 
completely  as  they,  the  said  parties  of  the  first  part,  or  either 
of  them,  might  or  could  do,  were  these  presents  not  executed ; 
with  full  power  of  substitution  and  revocation,  hereby  ratify- 
ing and  confirming  all  and  every  thing  whatsoever  that  o 
said  attorney  or  his  substitute  shall  lawfully  do  or  cause 
be  done  in  the  premises. 

%XK  njitnesB  tDl)creof,  &c. 

Sealed  and  delivered ") 

in  the  presence  of  I  JOHN    DOE    (seal). 

John  Smith,       (  RICHARD  DOE  (seal), 

Pbter  Jones.    \ 


ap 

i^M^  in 


jn  ASSIUNMExXTS. 

No.  32. — Assignment  of  the  Partnership  Property 
by  one  Partner  to  the  other,  to  wind  up  the 
Concern. 

®l)is  MxibentUVCf  made  this  tenth  day  of  October,  one  thou- 
sand eiirht  hundred  undJiftT/,  between  John  Doe,  of  the  town 
of  Conrord,  in  the  county  of  Merrimack,  and  state  of  New 
Hamjjskire,  and  Richard  Roe,  of  the  savi^  place. 

Whereas,  a  copartnership  has  heretofore  existed  between 
the  said  John  Doe  and  Richard  Roe,  under  the  style  and 
name  of  Doe  and  Roe,  which  said  copartnership  has  been 
this  day  dissolved  by  mutual  consent : 

NotD,  i\)cxdoxc,  tl)i3  Inbentnre  tDxtnessetl),  that  the 

said  John  Doe  has  sold,  assigned,  transferred,  and  set  over, 
and  by  these  presents  does  sell,  transfer,  assign,  and  set  over, 
unto  the  said  Richard  Roe,  his  half  part  of  all  the  goods, 
wares,  merchandise,  property,  and  effects,  and  stock  in  trade, 
belonging  to  the  said  copartnership,  and  also  all  the  accounts, 
notes,  bills,  bonds,  things  in  action,  claims  and  demands  due 
and  owing  to  the  said  firm. 

To  have  and  to  hold  the  same  unto  himself  and  his  assigns. 
In  trust  to  sell  the  said  property  and  effects  in  such  manner 
as  he  may  think  proper,  but  not  on  a  longer  credit  than  ninety 
days  ;  and  to  collect,  demand,  sue  for,  and  receive,  all  sums 
of  money  due  or  to  become  due  upon  the  said  bills,  notes, 
bonds,  accounts,  claims,  and  demands ;  and  with  the  moneys 
thus  collected,  realized,  and  obtained,  to  pay  off  and  discharge 
all  the  debts  and  obligations  of  the  said  firm,  if  the  same  shall 
be  sufficient  therefor ;  and  of  the  balance,  if  any  there  shall 
be,  afler  satisfying  all  the  claims  and  demands  against  the 
firm,  to  pay  over  the  one  half  part  to  the  said  John  Doe  or 
his  legal  representatives. 

And  the  said  John  Doe  doth  hereby  make,  constitute,  and 
appoint  the  said  Richard  Roe,  his  true  and  lawful  attorney, 
irrevocable,  in  the  name  of  the  late  firm  or  otherwise,  to  sell 
jhe  said  property  and  effects  of  the  late  firm,  and  all  the  inter 

t  of  the  said  John  Doe  in  and  to  the  same ;  and  also  ask, 
emand,  sue  for,  collect,  and  receive,  any  and  all  debts,  claims, 
and  demands,  due  or  to  become  due  and  owing  to  the  said 
late  firm,  to  compound  the  same  and  prosecute  suits  for  the 
recovery  thereof  in  his  discretion  ;  to  defend  any  and  all  suits 
that  may  be  brought  against  the  said  firm  ;  and  to  make,  exe- 
cute, deliver,  and  acknowledge,  all  necessary  deeds,  convey- 


ASSIGNMENTS.  '^  37 

ances,  releases,  receipts,  and  discharges,  in  the  premises,  and 
generally  to  do  any  and  every  act  and  thing  requisite  and 
necessary  to  secure  a  full,  entire,  complete,  and  speedy  set- 
tlement of  all  the  business  and  affairs  of  the  late  firm  of  Doe 
and  Roe,  hereby  ratifying  and  confirming  any  and  every  thing 
which  the  said  Richard  Roe  may  lawfully  do  in  the  pi  em 
ises. 

And  the  said  Richard  Roe,  for  himself,  his  heirs,  execu 
tors,  and  administrators,  covenants  with  the  said  John  Doe, 
his  heirs,  executors,  and  administrators,  that  he  will  sell  the 
aforesaid  property  to  the  best  of  his  ability,  and  for  the  best 

f)rice  he  can  obtain  therefor ;  and  will  use  all  diligence  to  col- 
ect  all  the  debts,  claims,  and  demands,  due  the  said  late  firm, 
and  that  he  will  faithfully  apply  the  proceeds  of  such  sales 
and  claims  in  accordance  with  the  above-recited  tmst. 

And  the  said  John  Doe,  for  himself,  his  heirs,  executors, 
and  administrators,  covenants  with  the  said  Richard  Roe, 
that  if,  after  the  entire  proceeds  of  said  property  and  effects, 
claims  and  demands,  of  the  said  late  firm,  have  been  faithfully 
applied  to  the  payment  of  the  debts,  liabilities,  and  obligations, 
of  the  said  late  firm,  there  shall  remain  any  debt  or  liability 
unsatisfied,  that  then  he,  the  said  John  Doe,  his  heirs,  execu- 
tors, or  administrators,  will  pay  and  satisfy  the  moiety  or  one 
half  part  of  any  and  every  such  debt  or  liability  ;  and  the  said 
Richard  Roe,  his  heirs,  executors,  or  administrators,  from 
the  one  half  part  thereof  save  harmless  and  keep  indemnified. 

3n  xoitness  tu hereof,  &c.  [as  in  No.  25]. 


No.  33. — Assignment  of  a  Patent-Right 

iX)i)Creas  J,  John  Doe,  of  the  toton  of  Greevfielil,  in  the 
county  of  Franklin,  and  state  of  Massachusetts,  did  obtain 
letters-patent  of  the  United  States  for  certain  improvements 
in  clocks,  which  letters-patent  bear  date  the^r*^  day  of  April, 
one  thousand  eight  hundred  zxiAJifty;  and  whereas,  Richard 
Roe,  of  the  toton  of  Portsmouth,  in  the  county  of  Rocki 
ham,  and  state  of  Niw  Hampshire,  is  desirous  of  purchasi 
from  me  all  the  right,  title,  and  interest,  which  I  have  in 
to  the  said  invention,  in  consequence  of  the  grant  of  lett 
patent  therefor  ; 

KOW  lllis  Jfnbenttirc  tuitneSSetl),  that  ^or  end  in  consid- 
eration of  the  sum  of  one  thousand  dollars,  lawful  money  of 

4 


38  ASSIGNMENTS. 

the  United  States,  to  me  in  hand  paid,  the  receipt  whereof  is 
hereby  acknowledged,  I  have  assigned,  sold,  and  set  over, 
and  do  hereby  assign,  sell,  and  set  over,  unto  the  said  Rich- 
ard Roe,  all  the  right,  title,  and  interest,  which  I  have  in  the 
said  invention,  as  secured  to  me  in  the  said  letters-patent  [for, 
to,  and  in  the  several  states  of  Ohio  and  Michigan ^  and  in  no 
other  place  or  places]  : 

The  same  to  be  held  and  enjoyed  by  the  said  Richard 
Roe,  for  his  own  use  and  behoof,  and  for  the  use  and  behoof 
of  his  legal  representatives,  to  the  full  end  of  the  term  for 
which  the  said  letters-patent  are  or  may  be  granted,  as  fully 
and  entirely  as  the  same  would  have  been  held  and  enjoyed 
by  me  had  this  assignment  and  sale  not  been  made. 

Sn  U0timotTB  toljerjeof,  I  have  hereunto  set  my  hand  and 
affixed  my  seal,  this  first  day  of  October ,  one  thousand  eight 
hundred  and  fifty, 

JOHN  DOE  (seal). 
Sealed  and  delivered  in  presence  of 
John  Smith, 
John  Stone. 

This  form  can  be  used  for  the  assignment  of  a  partial  right 

m  a  patent,  by  omitting  the  words  (in  the  first  paragraph) 

**  purchasing  from  me  all  the  right,  title,  and  interest,  which 

I  have  in  and  to  the  said  invention,  in  consequence  of  the 

grant  of  letters-patent  therefor,"   and  inserting  the  words 

"  acquiring  an  interest  therein,"  and  by  adding  the  words  in 

brackets.* 

*  Thio  asaignment  must  be  recorded  In  the  patent-office  within  three  months 
from  the  date  of  the  same.    For  fees,  see  "  Patxnts." 


AFFIDAVIT.  39 


AFFIDAVIT. 


An  affidavit  is  a  written  statement,  subscribed  by  the  party 
making  it,  and  sworn  to  or  affirmed  before  the  proper  officer. 

A  deposition  is  the  testimony  of  a  witness  under  oath,  re- 
duced to  writing. 


No.  34.— Form  of  Affidavit 

State  of  Illinois,      ) 
County  of  Kane,  ] 

John  Doe,  of  the  town  of  Geneva,  in  the  county  afore- 
said, being  duly  sworn,  says  [here  state  the  facts],  and  furthe'- 
says  not. 

JOHN  DOE. 
Sworn  to  this  tenth  day  of  October,  A.  D.  1850, 
before  me,  John  Jones, 

Commissioner  of  Deeds. 

If  the  matters  embraced  in  the  affidavit  are  not  within  the 
deponent's  own  knowledge,  but  have  been  communicated  to 
him  by  others  in  whose  assertion  he  places  confidence,  the 
affidavit  should  be  in  this  form  : — 

State  of  Illinois,      \ 

County  of  Kane,  ]  ^"^  "^^^  ' 

John  Doe,  of  the  town  of  Geneva,  in  the  count]/  afore- 
said, being  duly  sworn,  says  that  he  has  been  informed,  and 
believes  it  to  be  true,  that  \here  insert  what  he  has  been  in- 
formed of] ;  and  further  says  not. 

JOHN  DOE. 
Sworn  to  this  tenth  day  of  October,  A.  D.  1850, 
before  me,  John  Jones, 

Commissioner  of  Deeds. 


40  '  BILLS    OF    EXCHANGE. 


BILLS  OF  EXCHANGE. 


A  hill  of  exchange  is  a  written  request  from  one  person  to 
another,  desiring  him  to  pay  a  sum  of  money  to  a  third  per- 
son, absolutely  and  at  all  events.  They  are  seldom  used 
except  in  drawing  upon  a  person  who  is  abroad  in  a  foreign 
country. 

The  person  who  draws  the  bill  is  called  the  drawer  ;  the 
person  on  whom  it  is  drawn  is  called  the  drawee.  After  the 
drawee  has  accepted  the  bill,  he  is  called  the  acceptor. 

A  bill  or  note  drawn  payable  to  order  must  have  the  name 
of  the  person  to  whose  order»it  is  made  payable  written  on 
it  before  it  can  be  negotiated  to  a  third  person  ;  and  he  whose 
name  is  thus  written  on  it  is  liable  to  pay  the  bill  or  note,  if 
not  paid,  and  he  have  due  notice  of  the  same. 

In  accepting  a  bill  of  exchange  or  draft,  vnrite  the  word 
"  accepted,"  together  with  the  date  when  accepted,  and  the 
name  of  the  party  or  firm  accepting,  across  the  face  or  on  the 
back  of  the  bill  or  draft. 

Acceptance  acknowledges  the  genuineness  of  the  signature 
of  the  drawer  ;  and  the  acceptor  would  be  liable  to  a  holder 
in  good  faith,  although  the  signature  of  the  drawer  were  a 
forgery. 

When  a  bill  is  drawn  payable  so  many  days  after  sight,  it 
should  be  presented  for  acceptance  on  the  next  day  after  it  is 
received.  If  you  keep  the  bill  without  presenting  it  for  ac- 
ceptance, to  the  injury  of  the  drawer,  you  must  bear  the  loss 
ourself. 

The  drawee  of  a  bill  has  twenty-four  hours'  time  within 
which  to  make  up  his  mind  whether  he  will  accept  the  bill ; 
but  if  he  refuses  to  return  it  after  the  expiration  of  that  time, 
he  is  to  be  considered  as  having  accepted  it. 

If  the  drawee  refuses  to  accept  a  bill  presentea  for  accept- 
ance, or  to  pay  a  bill  presented  for  payiiient,  it  should  be  im- 


I 


BILLS    OF    EXCHANGE.  41 

mediately  protested,  and  notice  sent  to  all  the  endorsers  on 
the  bill ;  otherwise  the  endorsers  will  not  be  liable. 

Three  days  of  grace,  as  they  are  called,  are  allowed  on 
bills  of  exchange  that  are  not  drawn  payable  at  sight ;  that 
is,  they  are  not  due  until  the  third  day  after  the  time  men- 
tioned in  the  bill.  If  the  third  day  happens  to  fall  on  Sunday, 
they  are  then  due  the  day  before,  that  is,  on  Saturday. 

A  bill  drawn  at  sight  is  payable  on  presentation :  at  least 
it  is  advisable  to  protest  it  first  for  non-payment,  and  then 
demand  acceptance  ;  and  if  acceptance  is  refused,  protest  it 
also  for  non-acceptance. 

A  person  becoming  surety  for  a  note  or  bill  of  exchange, 
should  be  notified  of  its  non-payment  in  the  same  manner  as 
an  endorser.  A  check  ought  to  be  presented  for  payment 
within  twenty-four  hours  of  the  time  of  receiving  it. 

If  the  drawer  of  a  check  payable  on  demand  have  no  funds 
in  the  bank  at  the  time  it  is  drawTi,  it  is  a  fraud. 

The  holder  of  a  check  is  not  obliged  to  accept  part  pay- 
ment thereof,  although  tendered  by  the  bank  :  he  has  a  right 
to  have  the  whole,  and  may  decline  any  less  sum. 

If  the  drawee  of  a  bill  or  maker  of  a  note  be  out  of  the 
state  or  at  sea,  the  same  must  be  presented  at  his  usual  place 
of  business,  or  at  his  place  of  residence,  unless  some  other 
place  is  specified  therein. 

Any  material  alteration  of  a  bill  of  exchange,  drafts,  &c. 

such  as  an  alteration  in  the  date,  in  the  amount,  or  the  time 
of  payment  —  discharges  all  the  parties  thereto  who  do  not 
assent  to  the  making  of  the  alteration. 

See  "  Promissory  Notes,"  &c. 
4» 


42 


BILLS    OF    EXCHANGE. 


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Ns    ^ 


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Nl 


BILLS    OF    EXCHANGE. 


43 


44 


BILLS    OF    EXCHANGE. 


J 
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te> 


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-  ^^^ 


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^1  I 

^J1 


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^ 


BILLS    OF    EXCHANGE.  45 

No.  36.— Ordinary  Bill  of  Exchange  or  Draft  at  a 
certain  Time  after  Sight 

®  $250::  New  Orleans,  Sept.  12,  1850. 

^  Ten  Days  after  sight,*  pay  to  the  order  of 

||t     John  Jones,    Two  Hundred  and  Fifty      Dollars, 
p^  Value  received,  and  charge  the  same  to  account  of 

g^  To  Richard  Bofi.^^  )  Yours,  &c., 

^fo-  Detroit,         >  John  Doe, 

^  Michigan.  )  New  Orleans,  La, 

No.  37. — Bill  or  Draft  at  a  certain  Time  after  Date. 

^SHO.t^ijV  Chicago,  July  10th,  1850. 

1^  Twenty    Days   after  date,  pay  to  the  order  of 

I f    James  Smith,  One  Hundred  and  Ten  Yooth  Dollars, 

I J  Value  received,  and  charge  the  same  to  account  of 

I J  To  Richard  Roe,  "^  Yours,  &c., 

1^  Bvffalo,         >  John  Doe, 


Roe,  "^ 

h/ffalo,         > 
Vew  York.  ) 


New  York.  )  Chicago,  III. 

No.  38.— Check  or  Draft  on  a  Bank 


z 


III  o 

h 
|SZ 


q4o.  50.  '^m  lOork,  Q^^y  /4,  ^^50^ 

arael)ierofti)e  PRIIffTERS'  BAN'S, 

Pajl  to  ^    ^    <^ava^  oz   ^eatt^z/. 


•  For  a  bill  payable  at  »i^ht,  instead  of  the  words,  "  ten  days  after  sight,' 
Inttrt  "  at  sight."    A  check  made  payable  to  order  ranst  bo  endorsed  before  ased 


46  BILLS    OF    SALE. 


BILLS  OF  SALE  ANP  CHATTEL  MORTGAGES. 

A  hill  of  sale  is  a  writtei  iijdtrument,  transferring  the  own- 
ership of  personal  property  therein  mentioned  from  one  per- 
son to  another. 

The  things  included  in  the  bill  of  sale  should  be  delivered 
into  the  entire  and  continued  possession  of  the  purchaser  ; 
else  the  sale  will  be  presumed  to  be  fraudulent  as  to  the 
creditors  of  the  vendor. 

A  chattel  mortgage  is  a  written  instrument,  transferring 
the  ownership  of  personal  property  therein  mentioned  condi- 
tionally. The  usual  condition  is,  that  it  is  to  become  the 
property  of  the  one  to  whom  it  is  mortgaged,  if  the  mortga- 
ger fail  to  make  payment  of  money  in  the  manner  specified 
in  the  mortgage. 

As  to  the  validity  and  registering  of  these  mortgages,  see 
the  respective  states. 


No.  39.— General  Form  of  Bill  of  Sale. 
Knotx)  all  Mtn  bj)  tljese  JJresents,  that  I,  John  Doe, 

of  the  city  of  Detroit,  in  the  county  of  Wayne,  and  state  of 
Michigan,  of  the  first  part,  for  and  in  consideration  of  the 
'sura  o^Jive  hundred  dollars,  lawful  money  of  the  United  States, 
to  me  in  hand  paid,  at  or  before  the  ensealing  and  delivery 
of  these  presents,  by  Richard  Roe,  of  the  same  place,  of  the 
second  part,  the  receipt  whereof  is  hereby  acknowledged, 
have  bargained  and  sold,  and  by  these  presents  do  grant  and 
convey,  unto  the  said  party  of  the  second  part,  his  executors, 
administrators,  and  assigns,  one  dark-hay  colt,  sixteen  hands 
high,  one  single  harness,  one  light  single  wagon,  one  cow,  two 
pigs,  and  three  geese.  ®0  l^atJC  dltb  tO  l)0lb  the  same  unto 
the  said  party  of  the  second  part,  his  executors,  administra- 
tors, and  assigns,  for  ever. 

And  I  do  for  myself,  my  heirs,  executors,  and  administra- 
tors, covenant  and  agree,  to  and  with  the  said  party  of  the 
second  part,  to  warrant  and  defend  the  sale  of  the  said  goods 
and  chattels  hereby  sold  unto  the  said  party  of  the  second 


BILLS    OF    SALE. 


47 


part,  his  executors,  administrators,  and  assigns,  against  all  and 
every  person  and  persons  whomsoever. 

Jn  xnitncss  tDi)Cr£0f,  I  have  hereunto  set  my  hand  and 
seal,  this  first  day  of  Julyy  one  thousand  eight  hundred  EUid 

f-fiy- 

JOHN  DOE  (stal). 
Sealed  and  delivered  in  the  presence  of 
John  Smith, 
Peter  Jones. 


No.  40.— Bill  of  Sale  of  Horse,  with  Warranty. 
KnoxD  all  S^tn  bs  tl)ese  presents,  that  I,  John  Doe, 

of  the  town  of  Racine,  in  the  county  of  Racine,  and  state  of 
Wisconsin,  of  the  first  part,  for  and  in  consideration  of  the 
sum  of  one  hundred  and  fifty  dollars,  lawful  money  of  the 
United  States,  to  me  in  hand  paid  at  or  before  the  ensealing 
and  delivery  of  these  presents,  by  Richard  Roe,  of  the  same 
place,  of  the  second  part,  the  receipt  whereof  is  hereby  ac- 
knowledged, have  bargained  and  sold,  and  by  these  presents 
do  grant  and  convey  unto  the  said  Richard  Roe,  his  execu- 
tors, administrators,  and  assigns,  one  dark-bay  horse,  toith  a 
white  star  in  the  forehead,  and  a  black  mane  and  tail.  (Jo 
^aue  (XXlii  to  Ijolb  the  same  unto  the  said  Richard  Roe,  his 
executors,  administrators,  and  assigns,  for  ever. 

And  I  do  hereby  warrant  the  said  horse  to  be  sound  in 
every  respect,  to  be  free  from  vice,  to  be  well  broken,  and 
kind  and  gentle  in  single  and  in  double  harness,  and  under 
the  sa^ldle ;  and  I  covenant  for  myself,  my  heirs,  executors, 
and  administrators,  with  the  said  Richard  Roe,  to  warrant 
and  defend  the  sale  ot  the  said  horse  unto  the  said  Richard 
Roe,  his  executors,  administrators,  and  assigns,  against  all 
and  every  person  and  persons,  lavsrfully  claiming  or  to  claim 
the  same,  whomsoever. 

Jn  roitncss  lOljcrcof,  T  have  hereunto  set  my  hand  and 
*»eal,  this  fifth  day  of  July,  one  thousand  eight  hundred  and 

fifty 

JOHN  DOE  (seal) 
Sealed  and  delivered  in  the  presence  of 
Peter  Pepper, 
John  Stone. 


48  BILLS    OF    SALE. 

No.  41.— Bill  oi  Sale  of  Registered  or  Enrolled 
Vessel 

linoto  all  Mm  bg  tl)ese  Jpresent©,  that  I,  John  Doe, 

of  the  city  of  San  Francisco,  in  the  state  of  California,  owner 
of  the  ship  or  vessel  called  the  America,  of  the  burden  of  on6 
thousand  Ions  or  thereabouts,  now  lying  at  the  port  of  Sacra- 
mento, in  the  state  aforesaid,  for  and  in  consideration  of  the 
sum  o?  Jifty  thousand  dollars,  lawful  money  of  the  United 
States,  to  me  in  hand  paid  by  Richard  Roe,  of  the  placf 
first  aforesaid,  at  or  before  the  ensealing  and  delivery  of  these 
presents,  the  receipt  whereof  I  hereby  acknowledge,  have 
granted,  bargained  and  sold,  and  by  these  presents  do  grant, 
bargain,  and  sell,  unto  the  said  Richard  Roe,  his  executors 
administrators,  and  assigns,  all  the  hull  or  body  of  the  said 
ship  or  vessel,  together  with  the  masts,  bowsprit,  sails,  boats, 
anchors,  cables,  spars,  and  all  other  necessities  thereunto  ap- 
pertaining and  belonging ;  the  certificate  of  the  registry  or 
enrolment  of  which  said  ship  or  vessel  is  as  follows,  to  wi" 
\herc  copy  the  whole  of  the  certificate  of  registry  or  enrolment?^ 
2^0  l)at)C  anb  to  IjOl^  the  said  ship  or  vessel,  and  appurte- 
nances thereunto  belonging,  unto  the  said  Richard  Roe,  his 
executors,  administrators,  and  assigns,  to  his  and  their  proper 
use,  benefit,  and  behoof,  for  ever. 

And  I,  the  said  John  Doe,  for  myself,  my  heirs,  executors, 
and  administrators,  do  covenant  with  the  said  Richard  Roe, 
his  executors,  administrators,  and  assigns,  that  I  am  the  sole, 
true,  and  lawful  owner  of  the  said  ship  America,  and  her 
appurtenances ;  and  that  I  have  full  power,  good  right,  and 
lawful  authority,  to  sell  and  dispose  of  the  said  ship  and  her 
appurtenances  in  manner  aforesaid.  And  I  do  further  cove- 
nant, for  myself,  my  heirs,  executors,  and  administrators,  l;hal 
I,  the  said  ship  America  and  her  appurtenances,  as  aforesaid, 
against  the  lawful  claims  of  all  persons  whomsoever,  claiming 
or  to  claim  the  same,  will  for  ever  warrant  and  defend. 

JJn  XUitncsS  tolj^reof,  I  have  hereunto  set  my  hand  and 
seal,  this  first  day  of  July,  one  thousand  eight  hundred  and 

fifiy- 

JOHN  DOE  (seal). 
ealed  and  delivered  In  the  presence  of 
John  Smith, 
John  Jones. 


CHATTEL    MORTGAGES.  49 

No.  42.— Foiin  of  Chattel  Mortgage. 
©0  nil  to  tuI)om  tl)CGC  J3rcscntG  cljall  come,  kno\v«vs 

that  John  Doe,  oi*  ihe  toicn  of  Princeton,  in  the  county  of 
Middlesex,  and  state  of  New  Jerseij,  of  the  first  part,  for  secu- 
ring ilie  payment  of  the  money  hcrcinafler  mentioned,  and  in 
consideration  of  the  sum  of  one  dollar  to  me  duly  paid  by 
Richard  Roe,  of  the  city  of  Trenton,  in  the  county  of  Htm- 
tingdon,  and  state  of  New  Jersey,  of  the  second  part,  at  or 
heffjre  the  ensealing  and  delivery  of  these  presents,  the  re- 
ceipt whereof  is  hereby  acknowledged,  have  bargained  and 
sold,  and  by  these  presents  do  grant,  bargain,  and  sell,  unto 
the  said  party  of  the  second  part,  all  my  lious  eh  old  furniture, 
and  all  other  goods  and  chattels  mentioned  in  the  schedule 
hereunto  annexed,*  and  now  in  the  house  in  u'Jiich  I  reside  in 
the  town  aforesaid.  QTo  \)awc  ailb  tO  \)0\h  all  and  singular 
l?ie  goods  and  chattels  above  bargained  and  sold,  or  intended 
m  to  he,  unto  the  said  party  of  the  second  pait,  his  executors, 
admniistrators./md  assigns,  for  ever. 

And  1,  the  said  party  of  the  first  part,  for  myself,  my  heirs, 
executors,  and  administrators,  all  and  singular  the  said  goods 
and  chattels  above  bargained  and  sold,  unto  the  said  party  of 
the  second  part,  his  heirs,  executors,  administrators,  and  as- 
sies, against  me,  the  said  party  of  the  first  part,  and  against 
all  and  every  person  or  persons  whomsoever,  shall  and  will 
warrant,  and  for  ever  defend  :  upon  CCttbition,  that  if  I,  the 
said  party  of  the  first  part,  shall  and  do  well  and  truly  pay 
unto  the  said  party  of  the  second  part,  his  executors,  admin- 
istrators, or  assigns,  the  sum  of  three  hundred  dollars  on  the 
first  day  of  August  next — then  these  presents  shall  be  void. 
And  I,  the  said  party  of  the  first  part,  for  myself,  my  exec- 
utors, administrators,  and  assigns,  do  covenant  and  agree,  to 
and  with  the  said  party  of  the  second  part,  his  executors,  ad- 
ministrators, and  assigns,  that  in  case  default  shall  be  made 
in  payment  of  the  said  sum  above  mentioned,  then  it  shall  and 
may  be  lawful  for,  and  I  the  said  party  of  the  first  part  do 
hereby  authorize  and  empower  the  said  party  of  the  second 
[tart,  his  executors,  administrators,  and  assigns,  with  the  aid 
iiid  assistance  of  any  person  or  persons,  to  enter  my  dwelling- 
house,  store,  and  other  premises,  and  such  other  place  o; 
places  as  the  said  goods  or  chattels  are  or  may  be,  and  take 

•  Annex  a  schedule,  specifying  all  the  articlcB  mortgaged,  adapted  to  the 
wanla  oi  the  cose.     The  plan  of  one  ia  appended  to  this  mortgage. 

6 


I 


50  CHATTEL    MORTGAGES SCHEDULE. 

and  carry  away  the  said  goods  and  chattels,  and  to  sell  and 
dispose  of  the  same  for  the  hest  price  he  can  obtain  ;  and 
out  of  the  money  arising  therefrom,  to  retain  and  pay  the 
said  sum  above  mentioned,  and  all  charges  touching  the 
same,  rendering  the  overplus  (if  any)  unto  me  ur  to  my 
executors^  administrators,  or  assigns.  And  until  default  be 
made  in  the  payment  of  the  said  sum  of  money,  I  am  to  re- 
main and  continue  in  the  quiet  and  peaceable  possession  of 
the  said  goods  and  chattels,  and  the  full  and  free  enjoyment 
of  the  same. 

Jn  toitncSS  XUljereof^  I,  the  said  party  of  the  first  part, 
have  hereunto  set  my  hand  and  seal  the  first  day  of  Septev},' 
her,  one  thousand  eight  hundred  and  fifty. 

JOHN  DOE  (seal). 
Sealed  and  delivered  in  the  presence  of  ^ 

John  Stone,  >     ' 

John  Smith.  N 


Schedule  referred  to  in  the  foregoing  Mortgage. 
in  the  parlor. 

No.  1. — Two  mahogany  sofas. 
"     2. — Fourteen  mahogany  chairs. 
"     3. — One  large  looking-glass. 
"     4. — One  centre-table. 
"     5. — One  card»-table. 

in  the  dining-room. 

*•     6. — One  dining-table. 

"     7. — Ten  cane-bottomed  chairs. 

"     8. — One  sideboard. 

"     0. — One  clock. 

"  10. — One  lounge. 

*•  11. — One  book-case. 

[And  so  on  through  the  list  in  each  room.] 
September  1,  1850. 

JOHN  DOE. 
(  John  Stone, 
I  John  Smith. 


ItlLLS    OF    LADING.  51 


BILLS  OF  LADING. 


A  hill  of  lading  is  a  receipt  from  the  agent  or  master  of  a 
vessel,  that"  he  has  received  the  goods  named  therein,  and  an 
agreement  for  the  safe  carriage  of  the  same  to  the  port  of 
destination,  and  delivery  to  the  person  to  whom  they  are 
consigned.  Two  or  three  bills  are  usually  signed,  one  to  be 
retained  by  the  agent  of  the  vessel,  and  another  to  be  for- 
warded to  the  party  to  whom  they  are  shipped. 

See  article,  "  Liabilities  of  Common  Carriers." 


No.  43.— Bill  of  Lading. 

0f}ippcb,  in  good  order  and  well  conditioned,  b)  ^ous 
Doe,  on  board  the  ship  called  tl^^  United  States,  whereof 
Richard  Roe  is  master,  now  lying  in  the  port  of  New  York, 
and  boun4  for  Havre,  France.  To  say  :  Jive  packages  of 
mercJiandise,  being  marked  and  numbered  as  in  the 
margin,  and  are  to  be  delivered  in  the  like  order 
and  condition  at  the  port  of  Havre,  France  (the 
dangers  of  the  seas  only  excepted),  unto  Jacques 


J.3VL 

Havre, 
France. 


Montalembert,  or  to  his  assigns,  he  or  they  paying  freight 
for  the  said  packages  the  sum  o^  Jive  dollars,  with  Jift)/  cents 
primage  and  average  accustomed. 

3n  toilncss  tDl]Crcof,  the  master  or  puiser  of  said  vessel 
hath  affirmed  to  two  bills  of  lading,  both  of  this  tenor  and 
<l;ite;  one  of  which  being  accomplished,  the  other  to  stand 
'.id. 

Dated  in  New  York,  l\\e  first  day  of  Octohcr,  one  thousand 

lilil  hundred  and  fiftt/. 

RICHARD  ROE.  Master 


BONUS. 


BONDS. 


A  bond  is  a  written  instrument  under  seal,  acknowledging 
some  liability,  duty,  or  obligation,  with  a  penalty  for  non-ful-. 
filment.     Fraud  vitiates  every  instrument  into  which  it  enters. 

The  maker  of  the  bond  is  called  the  obligor,  the  person  to 
whom  it  is  made  the  obligee. 

As  to  what  is  sufficient  to  constitute  a  seal,  see  the  respec- 
tive states,  titles,  deeds,  &c. 

The  amount  of  money  first  named  in  a  bond  for  the  pay- 
ment of  money  is  called  the  penal  smn,  and  is  usually  double 
the  amount  of  the  condition,  in  order  to  cover  interest  and 
cost  of  i-ecovcry,  should  the  conditions  of  payment  not  be 
complied  with. 

No.  44. — Bond  for  the  Payment  of  Money. 

linom  nil  iHcn  bn  Ji^esc  Presents,  that  I,  John  Doe, 

of  the  town  o^  Jamaica,  in  the  county  of  Queens,  and  state  of 
New  York,  am  held  and  firmly  bound  unto  Richard  Roe,  of 
the  city  of  Brooklyn,  in  the  county  of  Kings,  and  state  of 
New  York,  in  the  sum  of  two  thousand  four  hundred  dollars, 
lawful  money  of  the  United  States,  to  be  paid  to  the  said 
Richard  Ros,  his  executors,  administrators,  or  assigns  :  for 
which  payment,  well  and  truly  to  be  made,  I  bind  myself,  my 
heirs,  executors,  and  administrators,  and  each  of  them,  firmly 
by  these  presents.  Sealed  with  my  seal.  Dated  the  first 
day  of  December,  one  thousand  eight  hundred  and  fifty. — • 

OTIjC  COnbition  of  the  above  obligation  is  such,  that  if  ths 
above  bounden  John  Doe  or  his  heirs,  executors,  or  adminis- 
trators, shall  well  and  truly  pay,  or  cause  to  be  paid,  unto  the 
above-named  Ricimrd  Roe,  his  executors,  administrators,  or 
assigns,  the  just  and  full  sum  n^  twelve  hundred  dollars  on  the 
first  day  of  May  next,  icith  interest  thereon  at  the  rate  of 
seven  per  cent,  per  annum — then  the  above  obligation  to  be 
void,  otherwise  to  remain  in  full  force  and  virtue. 

JOHN  DOE  (seal). 

Sealed,  &c.,  in  presence  of  John  Jones  and  John  Smith. 


BONDS.  5d 

No.  45. — Bond,  conditioned  that  if  the  Interest  is 

7Wt  yaid  wilhin  a  certain  Time  after  it  is  due,  the 
whole  Sum,  Principal  and  Interest^  shall,  at  the  option 
of  the  Obligee,  be  due  immediatehj. 

UnoTu  all  ilteu  b^  tl]cse  Presents,  that  I,  John  Doe, 

of  the  city  of  Portland,  in  the  county  of  Cumherland,  and 
state  of  Maine,  am  held  and  finnly  bound  unto  Richard  Roe,- 
of  the  sam,e  place,  in  the  sum  of  tito  thousand  eight  hundred 
dollars,  lawful  money  of  the  United  Slates,  to  be  paid  to  the 
said  Rn  HARD  Roe,  his  executors,  administrators,  or  assigns  : 
fur  which  payment,  well  and  truly  to  be  made,  1  bind  myself, 
my  heirs,  executors,  and  administrators,  and  every  of  them, 
firmly  by  these  presents.  *  Sealed  with  my  seal.  Dated  the 
tenth  day  q'^  August,  one  tliousand  eight  hundred  and  fifty. 

%\)Z  COnMtioU  of  the  above  obligation  is  such,  that  if  the 
above-boundcn  John  Doe,  or  his  heirs,  executors,  or  admin- 
istrators, shall  well  and  truly  pay,  or  cause  to  be  paid,  unto 
the  above-named  Richard  Roe,  his  executors,  administrators, 
or  assigns,  the  just  and  full  sum  oi  one  thousand  four  hundred 
dollars  on  the  tenth  day  of  March,  which  will  be  in  the  year 
one  thousand  eight  hundred  and  fifty-six,  and  the  interest 
thereon,  to  be  computed  from  the  date  hereof,  at  and  after  the 
rate  oi  six  per  cent,  per  annum,  and  to  be  paid  quarter  yearly 
— then  the  above  obligation  to  be  void,  else  to  remain  in  full 
force  and  virtue. 

And  it  is  hereby  expressly  agreed,  that  should  any  default 
be  made  in  the  payment  of  the  said  interest,  or  of  any  part 
thereof,  on  any  day  whereon  the  same  is  made  payable,  as 
above  expressed,  and  should  the  same  remain  unpaid  and  in 
arrear  for  the  space  of  ten  days,  then  and  from  thenceforth, 
that  is  to  say,  after  the  laf)se  of  the  said  ten  days,  the  aforesaid 
principal  sum  o^  one  thousand  four  hundred  dollars,  together 
with  all  arrearage  of  interest  thereon,  shall,  at  the  option  of 
the  said  Richaud  Roe,  his  executors,  administrators,  and  as- 
Kigns,  become  and  be  due  and  payable  immediately  thereafter, 
although  the  period  above  limited  for  the  payment  thereof 
may  not  then  have  expired,  anything  herein  before  contained^ 
to  the  contrary  thereof  in  any  wise  notwithstanding. 
Sealed  and  deliveied  in  the  pres-  ^ 

ence  of  John  Jones,  >      JOHN  DOE  (scal^ 

John  Smith.  ) 

5* 


54  BONDS. 


No.  46. — Bond  of  a  Corporation. 

EnotD  oil  ijXcn  bg  tl)CSC  JJrcCCnta,  that  the  president  and 
directors  of  the  AsaUney  Bank,  at  the  city  of  Cleveland,  in 
the  county  of  Cuyahoga,  and  state  of  Ohio,  are  held  and 
firmly  bound  unto  John  Doe,  of  the  village  of  Parkman,  in 
the  county  of  Geauga,  and  state  of  Ohio,  in  the  sum  of  ten 
thousand  dollcirs,  lawful  money  of  the  United  States,  to  be 
paid  to  the  said  John  Doe,  his  executors,  administrators,  or 
assigns :  for  which  payment,  well  and  truly  to  be  made,  the 
president  and  directors  of  the  said  Ascutney  Bank  bind  them^ 
selves  and  their  successors  firmly  by  these  presents.  Sealed 
with  their  corporate  seal.  Dated  the  ffth  day  of  July,  one 
thousand  eight  hundred  and  ffty. 

QTlje  ronbition  of  the  above  obligation  is  such,  that  if  the 
above-bounden  president  and  directors  of  the  Ascutney  Bank 
shall  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  above- 
named  John  Doe,  the  sum  o{  five  thousand  dollars  on  the 
first  day  of  August  next,  with  interest  thereon  at  the  rate  of 
fve  per  cent,  per  annum — then  the  above-written  obligation 
to  be  void,  otherwise  to  remain  in  full  force  and  virtue. 

RICHARD  ROE,  President  (corporate  seal) 
Sealed  and  delivered  in  the  presenee  of  ^ 

John  Jones,  > 

John  Smith.  j 


No.  47.— Bond  to  be  given  to  a  Sheriff,  to  indemnify 

him  for  levying  u2)on  Goo7ls,  ^"c,  wlicn  claimed  by  an- 
other than  the  Judgment  Debtor. 

KitotD  all  !&Xt\\  bp  tl)ese  Presents,  that  we,  John  Doe 

and  Richard  Roe.  both  of  the  city  oi  Madison,  in  the  county 
of  Jefferson,  and  state  of  Indiana,  are  held  and  firmly  bound 
unto  John  Smith,  sheriff  of  the  said  county  of  Jefferson,  m 
the  sum  of  one  thousand  dollars,  lawful  money  of  the  United 
States,  to  be  paid  to  the  said  John  Smith,  or  to  his  certain 
,.  attorney,  executors,  administrators,  or  assigns  :  for  which  pay- 
ment, well  and  truly  to  be  made,  we  bind  ourselves,  our  and 
each  of  our  heirs,  executors,  and  administrators,  jointly  and 
severally,  firmly  by  these  presents.     Sealed  with  our  seals. 


BONDS.  5f» 

Dated  the  tenth  day  o?  June,  oxio  thousand  eight  hundred  and 

to!]Crca0,  the  ahove-hounden  John  Doe  and  Richard  Roe 
did  obtain  judgment  in  the  supreme  court  against  John  Jones 
for  three  hundred  dollars,  damages  and  costs,  whereupon  exe- 
cution has  been  issued,  directed,  and  delivered  to  the  said 
John  Smith,  commanding  him,  that  of  the  goods  and  chattels 
of  the  said  John  Jones,  he  should  cause  to  be  made  the  dam- 
ages and  costs  aforesaid.  And  whereas,  certain  goods  and 
chattels  that  appear  to  belong  to  the  said  John  Jones^  are 
claimed  by  James  Short,  of  the  said  city  o^  Madison  : 

NoiD,  therefore,  i\]C  condition  of  this  obligation  is  such, 
that  if  the  above-bounden  John  Doe  and  Richard  Roe  shall 
well  and  truly  save,  keep  and  bear  harmless,  and  indemnify 
the  said  John  Smith,  and  all  and  every  person  and  persons 
aiding  and  assisting  him  in  the  premises,  of  and  from  all  harm, 
let,  trouble,  damage,  costs,  suits,  actions,  judgments,  and  exe- 
cutions, that  shall  or  may  at  any  time  arise,  come,  or  be 
brought  against  him,  them,  or  any  of  them,  as  well  for  the 
levying  and  making  sale  under  and  by  virtue  of  such  execu- 
tion, of  all  or  any  goods  or  chattels  wliich  he  or  they  shall  or 
may  judge  to  belong  to  the  said  John  Jones,  as  well  as  in 
entering  any  shop,  store,  building,  or  other  premises,  for  the 
taking  of  any  such  goods  and  chattels — then  this  obligation 
to  be  void,  else  to  remain  in  full  force  and  virtue. 
Signed,  sealed,  and  deliv- ") 

ered,  in  presence  of        1  JOHN  DOE  (seal). 

Peter  Pknny,  [  RICHARD  ROE  (seal). 

Hiram  Jacobs.  \ 


No.  48. — Bond  to  Execiators. 
Iinonj  all  S^tn  bri  tl)cse  Presents,  that  T,  John  Don, 

of  the  villaa^e  of  Clinton,  in  tlie  county  of  Oneida,  and  state 
of  New  York,  am  held  and  firmly  bound  unto  Richard  Roc, 
of  the  citij  of  Utica,  in  the  county  of  Oneida,  and  state  of  New 

York,  and  Peter  Smith,  of  the  village  of  Clinton,  in  the 
county  of  Oneida,  and  state  of  New  York,  executors  of  the 
last  will  and  testament  of  Peter  Hamilton,  late  of  the  vil 
lage  of  Clinton,  in  the  county  of  Oneida,  and  state  »^f  Ni 

York,  now  deceased,  and  the  survivor  of  tliem,  his  or  their 
eigns,  in  the  penal  sum  oifive  thoitsand  dollars,  lawful  money 


nl'  jmu^ 


m 


56  DONDS. 

of  the  United  States,  to  be  itmd  to  the  said  executors,  or  the 
survivor  of  them,  his  or  their  assigns:  for  which  payment, 
well  and  truly  to  be  made,  I  bind  myself,  my  heirs,  executors, 
and  administrators,  and  every  of  them,  firmly  by  these  pres- 
ents. Sealed  wiih  my  seal.  Dated  this  ^rst  day  of  J\lau, 
one  thousand  eight  hundred  and  fifty. 

55'otO^  tl)e  COnbitioil  of  this  obligation  is  such,  that  if  the 
above-bounden  obligor,  his  heirs,  executors,  or  administrators, 
shall  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said 
Richard  Roe  and  Peter  Smith,  as  such  executors  as  afore- 
said, or  the  survivor  of  them,  his  or  their  assigns,  the  sum  of 
two  thousand  five  hundred  dollars  on  the  first  day  of  May^ 
one  thousand  eight  hundred  and  fifty-three,  with  interest 
thereon  at  the  rate  of  seven  per  cent,  per  annum — then  this 
obligation  to  be  void,  otherwise  to  remain  in  full  force,  virtue, 
and  effect. 

JOHN  DOE  (sealy. 
Sealed  and  delivered  in  presence  of 

John  Smith, 

John  Stone. 


No.  49.— Bond  for  a  Deed 

ItnatD  all  iUen,  &c.  \as  in  No.  a  to  the  *  ] — 
^Ott),  \\\Z  COnbition  of  this  obligation  is  such,  that  if  tho 
above-bounden  obligor  shall,  on  the  tenth  day  of  December 
next,  make,  execute,  and  deliver,  unto  the  said  Richard  Roe 
(provided  that  the  said  Richard  Roe  shill  on  or  before  that 
day  have  paid  to  the  s;iid  obligor  the  sun]  of  twelve  hundred 
dollars,  the  price  by  said  Richard  Roe  ay^i-eed  to  be  paid 
therefor),  a  good  and  sufficient  conveyance  in  fee  simple,  with 
the  usual  covenants,  of  all  that  certain  piece  or  pnrcel  of  land 
[here  describe  the  land] — then  this  obligation  to  be  Aoid,  oth- 
erwise to  remain  in  full  force,  virtue,  and  eflect. 

JOHN  DC^  (seal). 

Sealed  and  delivered ') 

in  the  presence  of  I 

John  SMiTfi,       j 

Peter  Jones,    j 


57 


No.  60.— Bond  of  Treasurer  or  Trustee  of  an  As- 
sociation. 

luioia  ail  HXcn  bii  lljcsc  Presents,  that  we,  Jonx\  Doe, 
as  principal,  and  Richard  Roe  and  Ik  a  Stearns  as  sure- 
ties, all  of  the  citf/  of  Richmond,  in  the  county  of  Henrico, 
and  state  of  Virginia,  are  held  and  firmly  bound  unto  Henry 
HiGGiNs  and  Thomas  Sharps,  both  of  the  citt/  of  Richmond 
aforesaid,  in  the  sum  of  one  thousand  dollars,  lawful  money 
of  the  United  States,  to  be  paid  unto  the  said  Henry  Higgins 
and  Thomas  Suarpe,  or  their  successors  in  office,  or  their 
certain  attorneys,  executors,  administrators,  or  assigns ;  to 
which  payment,  well  and  truly  to  be  made,  we  jointly  and 
severally  bind  ourselves,  our  heirs,  executors,  and  administra- 
tors, firmly  by  these  presents.  Sealed  with  our  seals,  and 
dated  the  Iwcnty-fiflli  day  of  December,  one  tliousand  eight 
hundred  and  fifty. 

^\]t  roubition  of  this  obligation  is  such,  that  whereas  the 
above-named  .John  Doe  has  been  chosen  by  an  association^ 
known  as  the  Union  Association,  treasurer  \or  one  of  the  trits- 
tces\  of  said  association,  by  reason  wheieof,  and  as  such  treas- 
urer [or  trustee],  he  will  receive  into  his  hands  and  possession 
divers  sums  of  money,  goods  and  chattels,  and  other  things, 
the  property  of  said  association  ;  and  is  bound  to  keep  true 
and  accurate  accounts  of  said  property,  and  of  his  receipts 
and  disbursements  for  and  on  account  of  said  association : 

Now,  therefore,  if  the  said  John  Doe  shall  well  and  truly 
perform  all  and  singular  the  duties  of  treasurer  [or  trustee]  of 
said  association,  for  and  during  his  official  term,  aiid  until  he 
sliall  deliver  all  the  property  which  he  may  receive  as  such 
treasurer  [or  trvstee\\o  liis  successor  in  said  office,  or  to  such 
other  person  as  the  said  association  or  its  authorized  officers 
may  direct,  accruding  to  the  j)rovisions  of  the  constitution,  by 
laws,  rules,  and  regulations,  of  said  association  now  existing, 
or  which  may  be  by  said  association  adopted  ;  and  shall  keep 
true  and  just  accounts  of  all  ]noperty  belonging  to  the  said 
association  that  may  c«UTie  to  his  hands;  and  shall  exhibit  and 
submit  to  the  said  association,  or  to  the  persons  by  them  tluMo- 
unto  appointed,  his  said  accounts  and  the  vouchers  therefor, 
whenever  he  shall  be  riier(!to  properly  retjuested  ;  and  shallj 
at  the  expiration  of  his  term  of  office,  by  any  cause  what0Y< 
deliver  up  to  his  successor  in  office  all  the  propeity  oi 


58  BONDS. 

said  association  that  may  be  foimd  to  remain  in  his  hands,  and 
his  books  of  accounts,  and  the  vouchers  thereunto  belonging 
. — then  this  obligation  shall  be  null  and   void,  otherwise  to 
remain  in  full  force  and  virtue. 
Signecl,  sealed,  and  delivO  j^^-^  ^^^ 

eied,  in  presence  of       1  richARD  ROE  f seal  I 

John  bMITlI,  f  -,-r>  .      tn-n^ATJArc     /-         7  1 

James  Shout.  •  ^^^  blEARIsS  (seal). 


No.  51.— Bottomry  Bond. 

fitioxu  all  !iXii\\  bj}  ll)esc  Jprcsents,  that  I,  John  Doe, 
now  master  and  commander  of  the  bark  or  vessel  called  the 
Isidore,  of  the  burden  of  jive  hundred  tons  or  thereabouts, 
now  lying  at  the  port  of  Baltimore,  am  held  and  firmly  bound 
unto  Richard  Roe,,  of  the  city  of  Baltimore,  in  the  county 
of  Baltimore,  and  state  of  Maryland,  in  the  sum  of  two  thou- 
snnd  dollars,  lawful  money  of  the  United  States,  to  be  paid 
to  the  said  Richard  Roe,  or  to  his  certain  attorney,  execu- 
tors, administrators,  or  assigns  :  for  which  payment,  well  and 
truly  to  be  made,  I  bind  myself,  my  heirs,  executors,  and  ad-  ■ 
ministrators,  and  also  the  said  vessel,  her  tackle,  apparel,  and 
furniture,  firmly  by  these  presents.  Sealed  with  my  seal,  at 
the  city  of  Baltimore,  this  Jirst  day  of  November,  one  thou- 
sand eight  hundred  mi(\  fifty. 

tUI)crcaS»  the  above-bounden  John  Doe  has  been  obliged 
to  take  up  and  borrow,  and  has  received  of  the  said  Richard 
Roe,  for  the  use  of  the  said  vessel,  and  for  the  purpose  of 
fitting. the  same  for  sea,  the  sum  oi one  thousand  dollars,  law- 
ful money  of  the  United  States,  which  sum  is  to  be  and  re- 
main as  a  lien  and  bottomry  on  the  said  vessel,  her  tackle, 
apparel,  and  furniture,  at  the  rate  or  premium  of  twenty -five 
per  cent,  for  the  voyage ;  in  consideration  whereof,  all  risks 
of  the  seas,  rivers,  enemies,  fires,  pirates,  &c.,  are  to  be  on 
account  of  the  said  Richard  Roe  :  And  for  the  better  secu- 
rity of  the  said  sum  and  premium,  the  said  master  doth,  by 
these  presents,  hypothecate  and  assign  over  to  the  said  Rich- 
ard Roe,  his  heirs,  executors,  administrators,  and  assigns,  the 
said  vessel,  her  tackle,  apparel,  and  furniture.  And  it  is  here- 
.by  declared  that  the  said  vessel  Isidore  is  thus  hypothecated 
and  assigned  over  for  the  secuiity  of  tlie  money  so  borrowed- 


BONDS BOTTOMRY.  511 

and  taken  up  as  aforesaid,  and  shall  be  delivered  for  no  other 
use  or  purpose  whatever,  until  this  bond  is  first  paid,  together 
with  the  premium  hereby  agreed  to  be  paid  thereon. 

NoiD^  tl)e  COUbitioU  of  this  obligation  is  such,  that  if  the 
sbove-bounden  John  Doe  shall  well  and  truly  pay,  rr  cause 
to  be  paid,  unto  the  said  Richard  Roe,  his  certain  attorney, 
executors,  administrators,  and  assigns,  the  just  and  full  sum 
of  one  thousand  dollars,  lawful  money  as  aforesaid,  being  the 
Bum  borrowed,  and  also  the  premium  aforesaid,  at  or  befon? 
the  expiration  of  ten  days  after  the  arrival  of  the  said  vessel 
at  the  port  of  New  York — then  this  obligation,  and  the  said 
hypothecation,  to  be  void  and  of  no  eifect,  otherwise  to  remain 
in  full  force  and  virtue.  Having  signed  and  executed  two 
bonds  of  the  same  tenor  and  date^  one  of  which  being  accom- 
plished, the  other  to  be  void  and  of  no  effect. 

JOHN  DOE  (seal). 
Sealed  and  delivered  in  the  presence  of 
.  Peter  Pepper, 
John  Stone. 


Note. — Bottomry  is  the  act  of  borrowing  money,  and  pledg- 
ing tlie  keel  or  bottom  of  the  ship  (that  is,  the  ship  itself)  as 
security  for  the  repayment  of  the  money.  The  contract  of 
bottomry  is  in  the  nature  of  a  mortgage  —  the  owner  of  a 
Bhip  borrowing  money  to  enable  him  to  carry  on  a  voyage, 
and  pledging  the  ship  as  security  for  the  money:  but  if  the 
ship  is  lost,  the  lender  loses  the  money ;  if  she  anives  safe, 
he  is  to  receive  back  the  money  lent,  with  the  interest  agreed 
upon,  although  it  may  exceed  the  legal  rate  of  interest.  Tlie 
tackle  of  the  ship  is  also  liable  as  well  as  the  ship  itself,  and 
the  borrower  is  likewise  personally  responsible  if  the  shij) 
arrive. 

llespondentia  is  where  the  money  is  borrowed  upon  goods 
shipped,  instead  of  the  ship  itself. 


60  COMPOSITION    WITH    CMEDfTOKS 


COMPOSITION  WITH  CREDITORS. 

Tins  is  a  contract  between  a  debtor  who  is  able  only  to 
pay  a  portion  of  his  debts,  with  his  creditors,  whereby  they 
agiee  to  accept  a  certain  sum  less  than  the  original  claim ; 
and,  upon  the  receipt  thereof,  not  to  prosecute  or  trouble  the 
debtor  on  account  of  his  debt. 


No.-  52. — Form  for  Composition  with  Creditors. 

linotD  all  iXicn  bl}  tl)eSC  presents,  that  whereas  John 
T)oE  is  justly  indebted  unto  us,  John  Jones,  Henry  Smfth, 
and  Thomas  IShahpe,  creditors  of  the  said  John  Doe,  in 
divers  sums  of  money,  which  he  has  become  unable  fully  If 
pay  and  discharge:  therefore  we,  the  said  creditors,  do  con- 
sent and  agree  with_^the  said  John  Doe  to  demand  loss  than 
the  full  amount  of  our  respective  claims,  and  to  accept  of  ten 
cents  for  every  dollar  owing  to  each  of  us  the  said  creditors 
of  the  said  John  Doe,  in  full  satisfaction  and  discharge  of  our 
several  claims  and  demands ;  the  said  sum  of  ten  cents  on  a 
dollar  to  be  paid  to  each  of  us,  our  heirs,  executors,  and  ad- 
ministrators, within  the  space  of  thirteen  months  from  the  date 
hereof.  And  we,  the  creditors  aforesaid,  do  further  severally 
and  respectively  covenant  and  agree  with  the  said  John  Doe, 
that  he  may,  within  the  said  time  o^  thirteen  months  from  the 
date  hereof,  sell  and  dispose  of  his  gt)ods  and  chattels,  wares 
and  merchandise,  at  his  own  free  will  and  pleasure,  for  the 
payment  of  the  ten  cents  on  the  dollar  of  each  of  our  respec- 
tive debts;  and  that  neither  of  us  will,  at  any  time  hereafter, 
sue,  arrest,  or  attach  the  said  John  Doe,  or  his  goods  and 
chattels,  for  any  debt  now  due  and  owing  to  us  or  any  of  us, 
provided  the  said  John  Doe  does  well  and  truly  pay,  or  cause 
to  be  paid,  the  said  ten  cents  for  eveiy  dollai*  of  each  of  our 
several  and  respective  claims  against  him.  And  all  and  each 
of  the  covenants  and  agreements  herein  contained  shall  ex- 
tend to  and  bind  our  several  executors,  adm'nistrotors,  and 
assigns. 

Jn  tDitncG3  toljcrcof,  he  [as  in  N'^  2'^]. 


CONTRACTS. 


CONTRACTS. 


61 


A  contract  is  an  agreement,  between  two  or  more  parties, 
fi;r  the  performance  of  some  certain  thing  by  them  respec- 
tively agreed  upon.  For  forms  of  contracts,  see  under  the 
head  "  Agreements." 

A  charter-party  is  a  contract  of  affreightment  in  wiiting, 
by  which  the  owner  of  a  vessel  lets  the  whole  or  a  part  of 
her  to  another  for  the  conveyance  of  goods  on  a  particular 
voyage,  in  consideration  of  the  payment  of  freight. 


No.  53. — Form  of  Charter-Party. 

2!^l)is  Cljrtrtcr-Partj},  made  and  concluded  upon  in  the 
city  of  New  York,  the  tenth  day  of  October,  in  the  year  one 
thousand  eight  hundred  and  fifty ,  between  JonN  Doe,  agent 
for  the  oicner  and  master  of  the  hrig  Eagle,  of  tlie  city  of 
Neio  York,  of  the  burden  oifour  hundred  tons  or  thereabouts, 
register  measurement,  now  lying  in  the  harbor  of  Mobile,  in 
the  state  of  Alabama,  of  the  first  part,  and  Richard  Roe, 
merchant,  of  the  city  of  Mobile,  in  the  state  of  Alabama,  of 
the  second  part,  iDitnCSSCtI),  that  the  said  party  of  the  first 
part,  for  and  in  consideration  of  the  covenants  and  ygreements 
hereinafter  mentioned,  to  be  kept  and  performed  by  the  said 

f)arty  of  the  second  part,  doth  covenant  and  agree  on  the 
reighting  and  chartering  of  the  said  vessel  unto  the  said  party 
of  the  second  part,  for  a  voyage  from  the  port  of  Mobile, 
in  the  state  of  Alabama,  to  Liverpool,  England,  on  the  terms 
following,  that  it  is  to  say  : 

First.  The  said  party  of  the  first  part  does  engage  that  the 
said  vessel  in  and  during  the  said  voyage  shall  be  kept  tight, 
stanch,  ^11  fitted,  tackU^d,  and  provided  with  every  requisite, 
and  with  men  and  provisions  necessary  for  such  a  voyage. 

Second.  The  said  party  of  the  first  part  does  fuithcr  engago 
that  the  whole  of  said  vessel  (with  the  exception  of  the  cabin, 
the  deck,  and  the  necessary  room  for  the  accommodation 
tho  crew,  and  the  stowage  of  the  sails,  crddcs,  and  provisiM 

6 


62 


CONTRACTS. 


shall  be  at  the  sole  use  and  disposal  of  the  said  parly  of  the 
second  part  during  the  voyage  aforesaid ;  and  that  no  goods 
or  merchandise  whatever  shall  be  laden  on  board,  otherwise 
than  from  the  said  party  of  the  second  part,  or  his  agent, 
without  his  consent,  on  pain  of  forfeiture  of  the  amount  of 
freight  agreed  upon  for  the  same. 

Third.  The  said  party  of  the  first  part  does  further  engngo 
to  take  and  receive  on  board  the  said  vessel,  during  the  afore- 
said voyage,  all  such  lawful  goods  and  merchandise  as  the 
said  party  of  the  second  part  or  his  agents  think  proper  to 
ship 

And  the  said  party  of  the  second  part,  for  and  in  consider- 
ation of  the  covenants  and  agreements  to  be  kept  and  per- 
formed by  the  said  party  of  the  first  part,  does  covenant  and 
agree  with  the  said  paity  of  the  first  part,  to  charter  and  hire 
the  said  vessel  as  aforesaid,  on  the  terms  following,  that  is  to 
say: 

First.  The  said  party  of  the  second  part  does  engage  to 
provide  and  furnish  to  the  said  vessel  a  sufficient  cargo  of 
freight  for  ballast  from  one  port  to  another  on  her  voyage. 

Second.  The  said  party  of  the  second  part  does  further 
engage  to  pay  to  the  said  party  of  the  first  part,  or  his  agent, 
for  the  charier  or  freight  of  the  said  vessel  during  the  voyage 
aforesaid,  in  the  manner  following,  that  is  to  say  : 

For  the  voyage  to  Liverpool,  the  sum  of  four  thousand  dol- 
lars, laiiful  money  of  the  United  States,  on  the  delivery  of 
the  freight  afore  said  in  the  port  of  Liverpool.  It  is  further 
understood  and  agreed  that  the  said  party  of  the  second  part, 
or  his  agent,  is  to  pay  all  foreign  port-charges,  j>ilotage,  and 
dues  incurred  hy  the  vessel  on  her  voyage,  exclusive  of  the 
before-mentioned  sum  of  four  thousand  dollars  ;  the  said  par- 
ty of  the  second  part,  or  his  agent,  to  furnish  the  said  farty 
of  the  first  part  sufficient  money  in  the  port  aforesaid  free  of 
charge  for  the  same. 

It  is  further  agreed  between  the  parties  to  this  instrument, 
that  the  said  party  of  the  second  part  shall  be  allowed  for  the 
loading  and  discharging  of  the  vessel  at  the  respective  ports 
aforesaid,  lay  days  as  follows,  that  is  to  say  :  in  t/^  port  of 
Mobile  twenty  lay  days,  and  customary  despatch  wmthe  port 
of  Liverpool.  And  in  case  the  vessel  is  longer  detained,  the 
said  party  of  th.e  second  part  agrees  to  pay  to  the  said  party 
of  the  first  part  at  the  rate  o^ fifty  Spanish  milled  dollars  per 
day,  day  by  day,  for  every   clay  so  detained,  provided  such 


CONTRACTS,  63 

delcntion  shall  happen  by  default  of  said  party  of  the  second 
parr,  or  his  agent. 

It  is  also  further  understood  and  agreed,  that  the  cargo  or 
cargoes  shall  be  received  and  delivered  alongside  of  the  ves- 
sel, within  reach  of  her  tackles,  or  according-  to  the  custom 
and  usages  at  the  ports  of  loading  and  discharging. 

It  is  also  further  understood  and  agreed,  that  this  charter 
shall  commence  when  the  vessel  is  ready  to  receive  cargo  at 
her  place  of  loading,  and  notice  thereof  is  given  to  the  party 
of  the  second  part,  or  his  agent ;  and  the  said  party  of  the 
first  part  agrees  to  procceed  with  all  despatch  from  Mobile 
direct  to  Liverpool,  and  there  discharge  the  cargo  aforesaid. 

To  the  true  performance  of  all  and  every  of  the  foregoing 
covenants  and  agreements,  the  said  parties  each  to  the  other 
do  hereby  bind  themselves,  their  heirs,  executors,  adminis- 
trators, and  assigns  (especially  the  said  party  of  the  first  part 
the  vessel,  her  freight,  tackle,  and  appurtenances ;  and  the 
said  party  of  the  second  part  the  merciiandise  tq  be  laden  or 
board),  each  to  the  other  in  the  penal  sum  of  eight  thousand 
dollars. 

Jfu  tcitncss  tDl]CtCOf,  the  said  parties  have  hereunto  in- 
terchangeably set  their  hands  and  seals  the  day  and  year  first 
above  written. 
Sealed  and  delivered  ^ 

in  the  presence  of  I  JOHN  DOE  (seal). 

John  Smith,       [  RICHARD  ROE  (seal). 

JouN  Stone.       \ 


64  '  DEEDS    AND    MORTGAGES. 


DEEDS  AND  MOkl  GAGES. 

Strictly  speaking,  every  instrument  under  seal  is  a  deed ; 
but,  in  ordinary  language,  a  conveyance  of  lands  is  intended. 

Tliere  should  be  a  good  consideration  for  a  deed,  wliicli 
may  be  money,  goods,  services,  or  marriage. 

A  deed  in  fee  simjde  is  a  conveyance  of  the  absolute  and 
entile  ownership  of  the  land. 

A  ivarranty  deed  is  a  conveyance  in  which  the  grantor 
agi'ees  to  be  answerable  for  any  defect  whatever  that  there 
may  be  in  the  title. 

A  qtdt-claim  deed  is  one  whereby  the  grantor  conveys  away 
all  the  title  (if  any)  that  he  may  perchance  have  in  the  land. 

A  trust-deed  is  a  conveyance  by  which  the  grantee  takes 
the  estate  up'^n  some  trust,  or  for  some  special  purpos«5, 
therein  specineJi. 

A  mortgage  is  a  deed  of  land«  conditionally,  and  is  usually 
given  to  secure  the  payment  of  money,  by  pledging  the  land 
of  the  gi'antor  therefor.  It  is  usual  to  execute  a  bond,  bear- 
ing date  on  the  same  day  with  the  mortgage,  specifying  the 
amount  to  be  paid,  the  time  when  it  is  to  be  paid,  and  the 
interest  agreed  upon,  to  secure  which  the  mortgage  is  given. 
In  some  states  a  promissory  note  is  used  instead  of  a  bond. 
The  description  of  the  premises  should  be  exact,  so  that  they 
may  be  readily  identified. 

These  instruments  should  always  be  sealed,  subscribed  by 
the  person  whose  estate  is  conveyed,  and  by  that  person  ac- 
knowledged before  the  j^roper  officer. 

If  it  be  impossible  to  acknowledge  the  instrument  at  the 
time  of  execution,  it  is  advisable  always  (and  income  states 
requisite)  that  it  should  be  witnessed  hy  two  subscribing  wit- 
nesses. 

The  person  to  whom  the  conveyance  is  made  should  imme- 
diately have  tne  instrument  recorded  in  the  proper  office 


DEEDS.  Qti 

When  a  deed,  mortga;;e,  or  release,  is  executed  tn  two  or  more  pemons, 
the  whole  name  of  each  should  be  given  ;  and  also  when  thev  are  the 
grantors,  each  should  sign  his  individual  name.     Never  sign  as  a  firm. 

As  to  acknowledgments,  and  the  rights  of  the  wife,  see  the  respeciiva 
states.     For  form  of  satisfaction  of  mortgngos,  see  "  IIelkask  axd  OATie- 

lACTION.'' 


No.  54.— Simple  Deed,  with  Warranty. 

Srijis  Snbcnturc,  made  the  Jifth  day  of  Decemher,  in  tlie 
year  one  thousand  eioht  hundred  and  Jiffi/y  between  John 
Doe,  of  the  city  of  Detroit,  in  the  county  of  Wayne,  and 
state  o£  Michigan,  of  the  first  part,  and  Richard  Rc^e,  of  the 
same  place,  of  the  second  part — * 

tUitncsSCtf),  that  the  said  party  of  the  first  part,  for  and 
ill  considerati<jn  (jf  the  sum  of  ten  thousand  dollars,  lawful 
money  of  the  United  States,  to  him  duly  })aid  before  the  de- 
livery hereof,  hath  bargained  and  sold,  and  by  these  presents 
doth  grant  and  convey  to  the  said  party  of  the  second  part, 
liis  heirs  and  assigns,  for  ever,  all  that  certain  piece  or  parcel 
of  land,  lying  and  being  in  the  county  of  Shiawassee,  and  state 
of  Michigan,  and  which  is  known  and  described  as  follows, 
to  v/it  : — 

The  nortli  half  of  the  northeast  quarter  of  section  numher 
ten  of  toicn  nuynher  eight  north,  in  range  numher  six  east, 
containing  eighty  acres  more  or  less,  together  with  all  and 
singular  the  tenements,  heteditaments,  and  appurtenances, 
and  all  the  estate,  title,  and  interest,  of  the  said  party  of  the 
first  part  therein.  And  the  said  party  of  the  first  part  doth 
hereby  covenant  and  agree  with  the  said  party  of  the  second 
part,  that  at  the  time  of  the  delivery  hereof,  the  said  party  of 
th3  first  part  is  the  lawful  owner  of  the  premises  above  gi  ant- 
ed, and  seized  thereof  in  fee  simple  absolute,  and  that  he  will 
warrant  and  defend  the  above-granted  premises  in  the  quiet 
and  peaceable  possession  of  the  said  party  of  the  second  part, 
his  heirs  and  assigns,  for  ever. 

Jn  tuitncss  Ulljcrcof,  T  have  hereunto  set  my  hand  and 
fionl,  this  fflh  day  of  December,  one  thousand  eight  hundred 
undffty.  JOHN   DOE  ("seal J. 

>ealod  and  delivered  in  the  presence  of    ) 
John  Smith,  Peter  Jones.  ) 

6» 


GQ 


No.  55. — Simplo  Deed,  witliciit  Warranty. 


®l)is  JJnbenture,  &c.  [as  in  No.  54  to  the  ♦  ] — 
toitncsscti),  that  the  said  John  Doe,  for  and  in  consider- 
ation of  one  thouftand  dollars,  lawful  money  of  the  United 
States,  to  him  in  hand  paid  by  the  said  Richard  Roe  the 
receipt  whereof  is  hereby  acknowledged,  hath  graiited,  bar- 
gained, and  sold,  and  by  these  presents  doth  grant,  bargain, 
sell,  convey,  and  confirm,  unto  the  said  Richard  Roe,  his 
heirs,  executors,  administrators,  and  assigns,  for  ever,  all  and 
singular  that  certain  piece  or  parcel  of  land  situate  in  the 
town  of  Andover,  in  the  county  ot  WindJiam,  and  state  of 
Vermont  [here  describe  the  land],  together  with  all  and  singu- 
lar the  tenements,  hereditaments,  and  appurtenances,  there- 
unto belonging;  and  the  reversions,  remainders,  rents,  issues, 
and  profits  thereof,  and  all  the  estate,  title,  and  interest,  of  the 
said  John  Doe,  to  the  said  premises,  or  any  part  thereof. 
Jn  luitucss  toljereof,  &;c.  [as  in  No.  54]. 


No.  56. — Quit-claim  Deed  by  Husband  and  Wife.* 

®l)is  Inbentnrc,  made  the  tenth  day  of  April,  in  the 
year  one  thousand  eight  hundred  and  fifty ^  between  John 
Doe,  of  the  city  o^  Nashville,  in  the  county  o^  Davidson,  and 
state  of  Tennessee,  and  Susan  his  wife,  parties  of  the  first 
part,  and  Richard  Roe,  of  the  town  of  Lebanon,  in  the  county 
of  Wilson,  dLiid.  state  of  Tennessee,  party  of  the  second  part — t 

toitncsscti)^  that  the  said  parties  of  the  first  part,  for  and 
in  consideration  of  the  sum  of  two  thousand  dollars,  lawful 
money  of  the  United  States,  to  them  in  hand  paid  by  the  said 
party  of  the  second  part,  at  or  before  the  ensealing  and  de- 
livery of  these  presents,  the  receipt  whereof  is  hereby  ac- 
knowledged, liave  remised,  released,  and  quit-claimed,  and 
by  these  presents  do  remise,  release,  aiid  quit-claim,  unto  the 
said  party  of  the  second  part,  and  to  his  heirs  and  assigns, 
for  ever,  all  that  certain  piece  or  parcel  of  land  lying  and 
being  situated  in  the  toivn,  ^c.  [here  describe  the  land],  to- 
gether with  all   and  singular  the  tenements,  hereditaments, 

•  It  will  be  understood  that  the  forms  in  which  the  wife  is  included  are  also 
correct  for  a  single  person,  by  the  oaaission  of  those  parts  which  refer  to  the  wife 
and  her  interest  in  the  property. 


DEEDS.  67 

and  appurtenances,  thereunto  belonging  or  in  anywise  apper- 
taining, and  the  reversion  and  reversions,  remainder  and  re- 
mainders, rents,  issues,  and  profits  thereof;  and  also  all  the 
estate,  right,  title,  interest,  dower  and  right  of  dower,  prop- 
erty, possession,  claim,  and  demand  whatsoever,  as  well  in 
law  as  in  equity,  of  the  said  parties  of  the  first  part,  of,  in,  or 
to  the  above-described  premises,  and  every  part  and  parcel 
thereof  with  the  appurtenances.  ^0  \)aVC  anb  tO  l)Olb  all 
and  singular  the  above  mentioned  and  described  premises, 
together  with  the  appurtenances,  unto  the  said  party  of  the 
second  part,  his  heirs,  and  assigns,  for  ever. 

Jn  oitness  tDf)ereof,  the  said  parties  of  the  first  part 
have  hereunto  set  their  hands  and  seals  the  day  and  year  first 
above  written. 

JOHN  DOE  fscalj. 
SUSAN  DOE  fsealj. 
Sealed  and  delivered  in  the  presence  of  ^ 

John  SMrm,  > 

John  Jones.  ) 


No.  57. — Deed,  by  Husband  and  Wife,  with  fulL 
Covenants  (or  Warranty). 

(^l)is  Inbcntnrc,  &c.  [as  in  No.  56  to  the  t  ] — 
tDitncssetl),  that  the  said  parties  of  the  first  part,  for  and 
in  consideration  of  the  sum  of  twelve  hundred  dollars,  lawful 
money  of  the  United  States,  to  them  in  hand  paid  by  the  said 
party  of  the  second  part,  at  or  before  the  ensealing  and  de- 
livery of  these  presents,  the  receipt  whereof  is  hereby  ac- 
knowledged, and  the  said  party  of  the  second  part,  his  heirs, 
♦  executors,  and  administrators,  for  ever  released  and  dis- 
charged from  the  same,  by  these  piesents,  have  granted,  bar- 
gained, sold,  aliened,  remised,  released,  conveyed,  and  con- 
firmed, and  by  these  presents  do  grant,  bargain,  sell,  alien, 
remis(;,  release,  convey,  and  confirm,  unto  the  said  party  of 
the  second  part,  and  to  his  heirs  and  assigns,  far  ever,  all  that, 
k.c.  [here  dcscrihc  the  property^,  together  with  all  and  singu- 
lar the  tenements,  hereditaments,  and  appurtenances,  there- 
unto belonging  or  in  any  wise  appertaining,  and  the  reversion 
and  reversions,  remainder  and  remainders,  rents,  issues,  and 
jirofits  thereof;  and  also  all  the  estate,  right,  tit-le,  interest, 

r ~- 


68  DEEDS. 

demand  whatsoever,  as  well  in  law  as  in  equity,  of  the  said 
parties  of  the  first  part,  of,  in,  and  to  the  same,  and  every 
part  and  parcel  thereof,  with  the  appurtenances.  ^0  \)ave 
ailb  to  IjOlb  the  above  granted,  bargained,  and  described 
premises,  with  the  appurtenances,  unto  the  said  parly  of  the 
second  part,  his  heirs  and  assigns,  to  his  and  their  own  proper 
use,  benefit,  and  behoof,  for  ever. 

And  the  said  John  Doe,  for  himself,  his  heirs,  executors, 
and  administrators,  doth  covenant,  grant,  an.d  agree,  to  and 
with  the  said  party  of  the  second  part,  his  heirs  and  assigns, 
that  the  said  John  Doe,  at  the  time  of  the  sealing  and  delivery 
of  these  presents,  M^as  lawfully  seized  in  his  own  right  of  a 
good,  absolute,  and  indefeasible  estate  of  inheritance,  in  fee 
simple,  of  and  in  all  and  singular  the  above  granted  and  de- 
scribed premises,  with  the  appurtenances,  and  has  good  right, 
full  power,  and  lawful  authority,  to  grant,  bargain,  sell,  and 
convey  the  same,  in  manner  aforesaid  :  and  that  the  said  paily 
of  the  second  part,  his  heirs  and  assigns,  shall  and  may,  at  all 
times  hereafter,  peaceably  and  quietly  have,  hold,  use,  occupy, 
possess,  and  enjoy  the  above-granted  premises,  and  every 
part  and  parcel  thereof,  with  the  appurtenances,  without  any 
let,  suit,  trouble,  molestation,  eviction,  or  disturbance,  of  the 
said  parties  of  the  first  part,  their  heirs  or  assigns,  or  of  any 
other  person  or  persons  lawfully  claiming  or  to  claim  the 
same  :  and  that  the  same  now  are  free,  clear,  discharged,  and 
unencumbered,  of  and  from  all  former  and  other  grants,  titles, 
charges,  estates,  judgments,  taxes,  assessments,  and  encum- 
brances, of  what  nature  or  kind  soever  :  and  also  that  the 
said  parties  of  the  first  part  and  their  heirs,  and  all  and  every 
person  or  persons  whomsoever,  lawfully  or  equitably  deriving 
any  estate,  right,  title,  or  interest,  of,  in,  or  to  the  herein  be- 
fore-granted premises,  by,  from,  under,  or  in  trust  for  them 
or  either  of  them,  shall  and  will,  at  any  time  or  times  here- 
after,  upon  the  reasonable  request,  and  at  the  proper  costs 
and  charges  in  the  law,  of  the  said  party  of  the  second  wart, 
his  heirs  and  assigns,  make,  do,  and  execute,  or  cause  to  be 
made,  done,  and  executed,  all  and  every  such  further  and 
other  lawful  and  reasonable  acts,  conveyances,  and  assurances 
m  the  law,  for  the  better  and  more  effectually  vesting  and 
confirming  the  premises  hereby  granted  or  so  intended  to  bo 
in  and  to  the  said  party  of  the  second  part,  his  heii's  and  as- 
signs, for  ever,  as  by  the  said  paity  of  the  second  part,  his 
heirs  or  assigns,  his  or  their  counsel  learned  in  the  law,  shall 


DEED3.  >!L«a:>.«5»^««i:  (jg 

be  reasonably  advised  or  required.  And  the  said  John  Doe, 
his  heirs,  the  above  described  and  hereby  granted  and  re 
leased  premises,  and  every  part  and  parcel  tliereof,  with  the 
appurtenances,  unto  the  said  party  of  the  second  part,  his 
heirs  and  assigns,  agahist  the  said  parties  of  the  first  part  and 
their  heirs,  and  against  all  and  every  person  and  persona 
whomsoever,  lawfully  claiming  or  to  claim  the  same,  shall  and 
will  warrant  and  by  these  presents  for  ever  defend. 
Jn  milncss  m{)CXCO{,  &c.  [as  in  No.  56]. 


No.  53. — Deed  by  Executors. 

ST^is  Jnbcilture,  made  the  txccntieth  day  of  March,  one 
thousand  eiglit  hundred  and  fifty,  between  John  Doe,  of 
the  city  of  ]Sle7nj)his,  in  the  county  of  Shdhy,  and  state  of 
Tennessee,  and  Richard  Roe,  of  the  town  oi^  Raleigh,  of  the 
county  and  state  aforesaid,  executors  of  the  last  will  and  tes- 
tament of  John  Smith,  l^ite  of  Raleigh,  in  the  county  of 
Shelly,  and  state  of  Tennessee,  deceased,  parties  of  the  first 
part,  and  John  Jones,  of  Raleigh,  in  the  county  of  Shelby, 
and  state  of  Tennessee,  farmer,  party  of  the  second  part — 

tUitncsscll),  that  the  said  parties  of  the  first  part,  by  vir- 
tu*; of  the  power  and  authority  to  them  given  in  and  by  the 
said  last  will  and  testament,  and  for  and  in  consideration  of 
tlie  sum  o^ eight  hundred  dollars  and  tioenty-fivc  cents,  lawful 
money  of  the  United  Slates,  to  them  in  hand  paid  at  or  before 
the  ensealing  and  delivery  of  these  presents,  by  the  said  party 
^)f  the  second  part,  the  receipt  whereof  is  hereby  acknowl- 
etlgetl,  and  the  said  party  of  the  second  part,  his  heirs,  execu- 
tors, and  a<lministrators,  for  ever  released  and  discharged 
from  the  same  by  these  presents,  have  gi'antcd,  bargained, 
sold,  aliened,  released,  conveyed,  and  confirmed,  and  by  these 
presents  dtj  grant,  bargain,  sell,  alien,  release,  convey,  and 
confirm,  unto  the  said  party  of  the  second  part,  his  heirs  and 
assigns  for  ever,  all  that  certain  piece  or  parcel  of  land,  situ- 
ate, lying,  and  being  in  \\\q  town  o^  Raleigh,  in  the  county  of 
Shilby,  an<l  state  of  Tennessee,  and  which  is  known  and  de- 
scribed as  follows  [here  insert  description  of  land]  ;  togolher 
with  all  and  singular  the  edifices,  buildings,  rights,  members, 
privileges,  advantages,  hereditaments,  and  appurtenances,  to 
the  same  bekmging,  or  in  anywise  appertaining;  and  the 
reversion  and  reversions,  remainder  and  remainders,  rents 


70  DEEDS. 

issues,  and  profits  tliereof :  and  also  all  the  estate,  right,  title, 
interest,  claim,  and  demand  whatsoever,  both  in  law  and 
equity,  whicli  the  said  testator  had  in  his  lifetime,  and  at  the 
time  of  his  decease,  and  which  the  said  parties  of  the  first 
part,  or  either  of  them,  have  or  hath,  by  virtue  of  the  said 
last  will  and  testament,  or  otherwise,  of,  in,  and  to  the  same, 
and  every  part  and  parcel  thereof,  with  the  appurtenances. 
®0  \;)avc  anh  to  ijolb  the  said  premises  above  mentioned 
and  described,  and  hereby  granted  and  conveyed,  or  intended 
so  to  be,  with  the  appurtenances  unto  the  said  party  of  the 
second  part,  his  heirs  and  assigns,  to  his  and  their  only  proper 
use,  benefit,  and  behoof,  for  ever. 

And  the  said  parties  of  the  first  part,  for  themselves  sever- 
ally and  respectively,  and  for  their  several  and  respective 
heirs,  executors,  and  administrators,  do  severally,  and  not 
jointly,  nor  the  one  for  the  other  or  others  of  them,  nor  for 
the  heirs,  executors,  admhiistrators,  or  acts  or  deeds  of  the 
other  or  others  of  them,  but  each  and  every  of  them,  for  him- 
self only  and  for  his  and  their  heirs,  executors,  and  adminis 
trators,  and  their  several  and  separate  acts  and  deeds  only, 
covenant,  grant,  promise,  and  agree  to  and  with  the  said  party 
of  the  second  part,  his  heirs  and  assigns,  that  the  said  party 
of  the  second  part,  his  heirs  and  assigns,  shall  and  lawfully 
may  from  time  to  time,  and  at  all  times  for  ever  hereafter, 
peaceably  and  quietly  have,  hold,  use,  occupy,  possess,  and 
enjoy,  all  and  singular  the  said  hereditaments  and  premises 
hereby  granted  and  conveyed,  or  intended  so  to  be,  with  their 
and  every  of  their  appurtenances,  and  receive  and  take  the 
rents,  issues,  and  profits  thereof,  to  and  fi>r  his  and  their  own 
use  and  benefit,  without  any  lawful  let,  suit,  hinderance,  mo- 
lestation, interruption,  or  denial  whatsoever,  of,  from,  or  by 
them  the  said  parties  of  the  first  part,  their  heirs  or  assigns ; 
or  of,  from,  or  by  any  other  person  or  persons  whomsoever 
lawfully  claiming,  or  who  shall  or  may  lawfully  claim  here- 
after, by,  from,  or  under  them,  or  either  of  them,  or  by,  from, 
or  under  their  or  either  of  their  right,  title,  interest,  or  estate  : 
and  that  free  and  clear,  and  freely  and  clearly  discharged; 
acquitted,  and  exonei'ated,  or  otherwise  well  and  sufficiently 
saved,  defended,  kept  harmless  and  indemnified  by  them,  the 
said  parties  of  the  first  part,  their  heirs  and  assigns,  of,  from 
and  against  all  and  all  manner  of  former  and  other  gifts, 
grants,  bargains,  sales,  mortgages,  judgments,  and  all  other 
charges  and  encumbrances  whatsoever,  had,  inade,  commit 


DEEDS.  71 

ted,  executed,  or  done,  by  them  the  said  parlies  of  the  first 
part,  or  by,  through,  or  with,  their  or  either  of  their  act3, 
deeds,  means,  consent,  procurement,  or  privity. 

3n  tXjitncSS  CO hereof,  the  said  parties  to  these  presents 
have  hereunto  interchangeably  set  their  bands  and  seals  the 
day  and  year  first  above  written. 
Signed,  sealed,  and  delivO  jQpj^  ^qj,   ^^^^^^ 

ered,  m  presence  of       I  RiCHARD  ROE  fseal} 

■        Hknky  H.GCNs,         r         j(3jjj^  SMITH  (seal). 
James  ^hort.  » 


No.  59. — Tmst-DeecL 

(This  iJnbciUnrc,  «S:c.  [as  in  No.  54  to  *  ] — 
iDljcrcaS,  the  said  John  Doe  is  desirous  to  make  provis- 
ion y?>»r  his  daughter  Jane  Doe,  now  of  the  age  o£  tivcnfy-two 
years,  against  future  contingencies,  and  for  her  maintenance 
and  support ;  and  whereas,  the  said  John  Doe  is  desirous 
that  his  said  daughter  should  enjoy  the  proceeds,  rents,  issues, 
and  income,  of  the  real  estate  hereinafter  more  particularly 
described,  during  the  term  of  her  natural  life,  free  from  the 
control,  liabilities,  or  interference,  of  any  husband  that  she 
now  has  or  may  hereafter  have  : 
NoTD,  tl)crefore,  tl)is  Inbenluretoimessetl),  that  the  said 

John  Doe,  in  consideration  of  the  premises,  and  of  the  sum 
of  one  dollar,  lawful  money  of  the  United  States,  to  him  in 
hand  paid  by  the  said  party  of  the  second  part,  tlie  receipt 
whereof  is  hereby  acknowledged,  hath  bargained,  sold,  aliened, 
remised,  released,  conveyed,  and  confirmed,  and  by  these 
presents  doth  .bargain,  sell,  alien,  remise,  release,  convey,  ana 
confirm,  unto  the  said  party  of  the  second  part,  all  that  cer- 
tain lot,  piece,  or  parcel  of  land  situate,  lying,  and  being  in 
the  tovm  of,  &c.  [here  describe  the  premises] ;  together  with 
all  and  singular  the  tenements,  hereditaments,  and  appurte- 
nances thereunto lielonging  or  in  any  wise  appertaining;  and 
the  reversion  and  reversions,  remainder  and  remainders,  rents, 
issues,  and  profits  thereof;  and  also  all  the  estate,  right,  title, 
interest,  property,  possession,  claim,  and  demand  whatsoever, 
as  well  at  law  as  in  equity,  of  the  said  party  of  the  first  part, 
of,  in,  or  to  the  above-dcscribtxl  premises,  and  every  part  and 
par'*el  there<»f,  with  the  appurtenances.      "^ 


72  DEEDS. 

ijolb  all  and  singular  the  above  mentioned  and  described  prem 
ises,  together  with  the  appurtenances,  unto  the  said  Richard 
Roe,  his  successors  and  assigns — 

Jn  (S^rnSt,*  and  to  and  for  the  several  uses,  intents,  and 
purposes,  hereinafter  mentioned,  namely : 

First.  In  trust  to  lease  the  same,  and  to  take,  collect,  and 
receive  the  rents,  issues,  and  profits  thereof;  and  out  of 
the  same  to  keep  the  said  premises  in  good  order  and  re- 
pair, and  properly  insured,  and  pay  all  taxes,  assessments,  and 
charges,  that  may  be  imj^osed  thereon. 

Secondly.  In  trust  to  pay  the  residue  of  such  rents,  issues, 
and  income,  to  my  daughter  Jane  Doe,  upon  her  sole  and 
separate  receipt,  to  the  intent  and  purpose  that  she  may  en- 
joy, possess,  and  have  the  same,  free  from  the  control,  inter- 
ference, or  liabilities,  of  any  hushand  she  now  has  or  may 
hereafter  have,  during  the  term  of  her  natural  life. 

Thirdly.  In  trust  to  convey  the  said  land  and  premises  to 
such  person  or  persons  as  she,  the  said  Jane  Doe,  by  her 
last  will  and  testament,  or  by  an  instrument  in  the  nature  of 
a  last  will  and  testament,  subscribed  by  her  in  the  presence 
of  two  credible  witnesses,  notwithstanding  her  coverture,  may 
direct  and  appoint. 

And  the  said  John  Doe  hereby  declares,  that  upon  the  de- 
cease of  his  said  daughter  Jajve  Doe,  the  said  trusts  shall 
cease  and  determine,  and  the  land  and  premises  above  de- 
scribed, shall  belong,  in  fee  simple  absolute,  to  such  person 
or  peri-;ons  as  the  said  Jane  Doe  shall,  as  aforesaid,  direct 
and  appoint ;  and  in  default  of  such  appointment,  shall  revert 
to  the  said  John  Doe,  the  grantor  herein  named,  and  to  his 
heirs,  to  his  and  their  sole  use,  benefit,  and  behoof,  for  ever. 

And  the  said  party  of  the  second  part  doth  hereby  signify 
his  acceptance  of  this  trust,  and  doth  hereby  covenant  and 
a;^ree,  to  and  with  the  said  party  of  the  first  part,  faithfully  to 
discharge  and  execute  the  same  according  to  the  true  intent 
and  meaning  of  these  presents. 

Ju  xuitncss  IDljcreof,  &c.  \as  in  No.  f4]. 

*  It  will  be  understood  that  only  the  general  idea  of  the  manner  in  wliich  a 
trust  should  be  drawn  can  be  given :  the  condition  for  which  the  trust  is  granted 
tv'cst  depend  on  the  nature  of  the  property  and  intention  of  the  grantor. 


wr 


MORTUAGES.  73 

No.  60.— Short  Fohn  of  Mortgage,  with  Power  of 

Sale. 

d)is  JFnbcnture,  made  the  tldrticih  day  oi  November,  in 
ihe  year  one  thousand  ei<i:ht  hundred  m\(\.ffty,  between  John 
Doe,  of  the  toton  of  Wheatland,  m  the  county  of  Monroe^ 
and  stale  of  New  York,  of  the  first  part,  and  Richard  Roe,  of 
flie  village  of  Scottville,  in  the  county  of  Monroe,  and  state 
of  Ncio  York,  of  the  second  part — 

iDitncSSCtI),  that  the  said  party  of  the  first  part,  in  con- 
sideration of  the  sum  of  one  thousand  dollars,  lawful  money 
of  the  United  States,  to  him  duly  paid,  has  sold,  and  by  these 
presents  does  grant  and  convey,  to  the  said  party  of  the  sec- 
ond part,  all  that  certain  piece  or  parcel  of  land,  &c.  [here 
describe  the  land],  with  the  appurtenances,  and  all  the  estate, 
title,  and  interest,  of  the  said  party  of  the  first  part  therein. 

(2^1)is  ©rant  is  intended  as  a  security  for  the  payment  of 
one  thousand  dollars,  on  the  Jirst  day  of  January,  one  thou- 
sand eight  hundred  and  ffty-Jive,  with  interest  thereon,  pay- 
able semi-annually,  at  the  rate  of  seven  per  cent,  per  annum, 
which  payments,  if  duly  made,  will  render  this  conveyance 
void.  And  if  default  shall  be  made  in  the  payment  of  the 
principal  or  interest  above  mentioned,  then  the  said  party  of 
the  second  part,  and  his  assigns,  are  hereby  authorized  to 
sell  the  premises  above  granted,  or  so  much  thereof  as  will 
be  necessary  to  satisfy  the  amount  then  due,  with  the  costs 
and  expenses  allowed  by  law. 

Jn  ujitncss  u»l)ercof,  &c.  \as  in  No.  54]. 


Wo.  61. — Mortgage  by  Husband  and  Wife,  with 
Interest  and  Insurance  Clause. 

(2Ll)is  Jllbenturc,  made  the  sixth  day  of  July,  in  the  year 
«»ne  thousand  eight  hundred  mid  JlJ'ty,  between  John  Dof„  of 
tlie  city  of  Charleston,  in  the  district  of  Charleston,  and  stafe 
of  South  Carolina,  j.nd  Jane  his  wife,  parties  of  the  first  parr, 
iid  RicuARD  Roe,  of  the  same  place,  party  of  the  eecond 
i-an  : 

U)l)crcas,  the  said  John  Doe  is  justly  indebted  to  the  said 
j)ariy  of  the  second  part  in  the  sum  of  one  thousand  Jour  hun- 
dred dollars,  lawful   money  of  the  linked  StatCia. secured  to 


74  MORTGAGES. 

be  paid  by  his  certain  bond  or  obligation  bearing  even  date 
with  these  presents,  in  the  penal  sum  of  two  thousand  eight 
hundred  dollars^  lawful  money  as  aforesaid,  conditioned  for 
the  payment  of  the  said  first-mentioned  sum  of  one  thousand 
four  hundred  dollars,  lawful  money  as  aforesaid,  to  the  said 
party  of  the  second  part,  his  executors,  administrators,  or  as- 
signs, on  the  tenth  day  of  March,  which  will  be  in  the  yeai 
of  our  Lord  one  thousand  eight  hundred  and  Jlfty-six,  and 
the  interest  thereon,  to  be  computed  from  the  date  hereof,  at 
and  after  the  rate  of  six  per  cent,  per  annum,  and  to  be  paid 
quarter  yearly:  And  it  is  thereby  expressly  agreed,  thai 
should  any  default  be  made  in  the  payment  of  the  said  inter- 
est, or  of  any  part  thereof,  on  any  day  whereon  the  same  ia 
made  payable,  as  above  expressed,  and  should  the  same  re- 
main unpaid  and  in  arrear  for  the  space  of  ten  days,  then  and 
from  thenceforth,  that  is  to  say,  after  the  lapse  of  the  said  ten 
days,  the  aforesaid  principal  sum  of  one  thousand  four  hun- 
dred dollars  with  all  arrearage  of  interest  thereon,  shall,  at 
the  option  of  the  said  party  of  the  second  part,  his  executors, 
administrators,  or  assigns,  become  and  be  due  and  payable 
immediately  thereafter,  although  the  period  above  limited 
for  the  payment  thereof  may  not  then  have  expired,  any- 
thing therein  before  contained  to  the  contrary  thereof  in  any 
wise  notwithstanding :  as  by  the  said  bond  or  obligation,  and 
the  condition  thereof,  reference  being  thereunto  had,  may 
more  fully  appear.* 

NotD  tl)is  JJnbenture  tOltneBSetl)^  that  the  said  parties 
of  the  first  part,  for  the  better  securing  the  payment  of  the 
said  sum  of  money  mentioned  in  the  condition  of  the  said 
bond  or  obligation,  with  interest  thereon,  according  to  the 
true  intent  and  meaning  thereof,  and  also  for  and  in  consid- 
eration of  the  sum  oi  one  dollar,  to  them  in  hand  paid  by  the 
said  party  of  the  second  part,  at  or  before  tlie  ensealing  and 
delivery  of  these  presents,  the  receipt  whereof  is  hereby  ac- 
knowledged, have  granted,  bargained,  sold,  aliened,  released, 
conveyed,  and  confirmed,  and  by  these  presents  do  grant,  bar- 
gain, sell,  alien,  release,  convey,  and  confirm,  unto  the  said 
party  of  the  second  part,  and  to  his  heirs  and  assigns  for  ever, 
all  that  certain  lot,  piece,  or  parcel  of  ground,  situate,  lying, 
and  being  in  the  district  aforesaid,  and  which  may  be  better 
known  and  described  as  follows,  namely :   Beginning  at  a 

*  Bond  No.  45  has  been  drawn  to  correspond  with  this  mortgage,  and  should 
aoc^nipany  it,  to  make  the  papers  complete. 


MORTGAGES  75 

•post  planted  on  tJ  e  northerly  side  of  the  highway  leading 
from  the  said  city  of  Charleston  to  Pahnetto  bridge  distant 
two  hundred  and  fifty  feet  easterly  from  the  easterly  side  of 
John  Smithes  stone  ?nill ;  thence  running  north  twenty fii-e 
degrees  east  thirty  chains,  to.  a  stone  there  planted ;  them-t 
east  sixty  five  degrees  south  thirty  five  chains  ;  thence  south 
twenty  five  degrees  west  twenty  five  chains,  to  the  said  northei 
1y  side  of  the  said  highway  ;  thence  westerly  along  the  nor- 
therly side  of  the  highway  thiriy-six  chains,  more  or  less,  to 
the  place  of  beginning,  containing  by  admeasurement  ten 
acres  more  or  less  :*  together  with  all  and  singular  the  tene- 
raents,  hereditaments,  and  appurtenances,  thereunto  belong- 
ing or  in  any  wise  appertaining ;  and  the  reversion  and  rever- 
sions, remainder  and  remainders,  rents,  issues,  and  profits 
thereof:  and  also  all  the  estate,  right,  title,  interest,  dower 
and  right  of  dower,  property,  possession,  claim,  and  demand 
whatsoever,  as  well  in  law  as  in  equity,  of  the  said  parties  of 
the  first  part,  of,  in,  and  to  the  same,  and  every  part  and  par- 
cel thereof,  with  the  appurtenances.  ®o  Ijaoe  axit  Xo  l)oib 
the  above  granted  and  described  premises,  with  the  appurte- 
nances, unto  the  said  party  of  the  second  part,  his  heirs  and 
assigns,  to  his  and  their  own  proper  use,  benefit,  and  behoof, 
for  ever  :  Provided  always,  and  these  presents  are  upon 
this  express  condition,  that  if  the  said  parties  of  the  first  part, 
their  heirs,  executors,  or  administrators,  shall  well  and  truly 
pay  unto  the  said  party  of  the  second  part,  his  executors,  ad- 
ministrators, or  assigns,  the  said  sum  of  money  mentioned  in 
the  condition  of  the  said  bond  or  obligation,  and  the  interest 
thereon,  at  the  time  and  in  the  manner  mentioned  in  the  said 
condition,  according  to  the  true  intent  and  meaning  thereof, 
that  then  these  presents,  and  the  estate  hereby  granted,  shall 
cease,  detennine,  and  be  void  : 

And  the  said  John  Doe,  for  himself,  his  heirs,  executors, 
and  administrators,  doth  covenant  and  agree  to  pay  unto  the 
8ai|}  party  of  the  second  part,  his  executors,  administrators, 
or  assigns,  the  said  sum  of  money,  and  interest,  as  mentioned 
above,  and  expressed  in  the  condition  of  the  said  bond. 

[And  it  is  also  agreed  by  and  between  the  parties  to  these 

1)resents,  that  the  said  parties  of  the  first  part  shall  and  will 
:eep  the  buildings  erected  and  to  be  erected  upon  the  lands 

"  Thia  form  of  describing  property  is  that  asaally  adopted  in  the  older  states. 
The  deacription  in  No.  54  applies  to  lands  which  have  been  sarveyed  by  tlie 
gf  ucraJ  gOTcrameot. 


70  MORTGAGES. 

above  conveyed,  insured  against  loss  and  damage  by  fire,  by 
insurers  and  in  an  amount  approved  by  the  said  party  of  the 
second  part,  and  assign  the  policy  and  certificates  thereof  to 
the  said  party  of  the  second  part ;  and  in  default  thereof,  it 
shall  be  lawful  for  the  said  party  of  the  second  part  to  effect 
such  insurance,  and  the  premium  and  premiums  paid  for 
effecting  the  same  shall  be  a  lien  on  the  said  mortgaged  prem- 
ises, added  to  the  amount  of  the  said  bond  or  obligation,  and 
secured  by  these  presents,  and  payable  on  demand  with  inter- 
est at  the  rate  of  seven  per  cent,  per  annum.]* 

JIn  toitness  toljercof,  the  parties  to  these  presents  have 
hereunto  set  their  hands  and  seals  the  day  and  year  first  above 
written. 
Signed,  sealed,  and  deliv- ') 

ered,  in  presence  of        I  JOHN   DOE  (seal). 

Petkr  Penny,  (  JANE  DOE  (^*eaZ;. 

Hiram  Jacobs.  \ 


No.  62. — Mortgage  to  Executors. 

®l)is  Snbentnre^  made  the  tenth  day  of  Ajyril,  in  the 
year  one  thousand  eight  hundred  and  fifty,  between  John 
Doe,  of  the  city  of  Savannah,  in  the  county  of  Chatham,  and 
state  of  Georgia,  of  the  first  part,  and  Richard  Roe  and  John 
Jones,  both  of  the  town  of  Mill edg evil le,  in  the  county  of 
Baldwin,  and  state  of  Georgia,  executors  of  the  last  will  anti 
testament  of  John  Smith,  late  of  Milledgeoillt  ajoresaid,  of 
the  second  part : 

lX)i)Crcas,  the  said  .Iohn  Doe  is  justly  indebted  to  the  said 
parties  of  ihe  second  part  in  the  sum  of  ten  thousand,  dollars, 
lawful  money  of  the  United  States,  secured  to  be  paid  by  his 
certain  bond  or  obligation,  bearing  even  date  with  these  pret,- 
ents,  in  the  penal  sum  of  twenty  thousand  dollars,  lawful  money 
as  aforesaid,  conditioned  for  the  payment  of  the  said  first- 
mentioned  sum  of  ten  thousand  dollars,  on  the  first  day  of 
January,  in  the  year  one  thousand  eight  hundred  and  fifty- 
hix,  with  hiterest  thereon  at  the  rate  of  six  per  cent,  per  an- 
num, payable  semi-annually ,  as  by  the  said  bond  or  obligation 
and  the  condition  thereof,  reference  being  thereunto  had,  may 
more  fully  appear. 

•  This  insurance  clause  may  be  omitted  at  pleasure. 


BIORTGAGES.  77 

IXom  tills  JnbcntnrC  toitncSSftl],  that  the  said  party  of 
the  first  part,  for  the  better  securing  the  payment  of  the  said 
sum  of  money  mentioned  in  the  condition  of  the  said  bond  or 
obligation,  with  interest  thereon,  accordnig  lo  the  true  hitent 
and  meaning  thereof,  and  also  for  and  in  ccmsideration  of  tlie 
sum  of  one  dollar  to  him  in  hand  paid  by  the  said  parties  of 
the  second  part,  at  or  before  the  ensealing  and  delivery  ol 
these  presents,  the  receipt  whereof  is  hereby  acknowledged, 
has  granted,  bargained,  sold,  aliened,  released,  conveyed,  and 
confirmed,  and  by  these  presents  dotlf  grant,  bargain,  sell, 
alien,  release,  convey,  and  confirm,  unto  the  «aid  parties  of 
the  second  part,  and  the  survivors  and  survivor,  and  their 
assigns,  for  ever,  all  that,  &c.  [here  describe  the  properti/ 
mortgaged] ;  together  with  all  and  singular  the  tenements, 
hereditaments,  and  appurtenances,  thereunto  belonging  or  in 
any  wise  appertaining,  and  the  reversion  and  reversions,  re- 
mainder and  remainders,  rents,  issues,  and  profits  tliereof: 
and  also  all  the  estate,  right,  title,  interest,  property,  posses- 
sion, claim,  and  demand  whatsoever,  as  well  ni  law  as  in  equi- 
ty, of  the  said  party  of  the  first  part,  of,  in,  arid  to  the  same, 
and  eve-y  part  and  parcel  thereof,  with  the  appurtenances, 
Qio  l)afC  anb  to  \)0w  all  and  singular  the  above  granted, 
bargained,  and  described  premises,  with  the  appurtenances, 
unto  the  said  parties  of  the  second  part,  the  survivors  and 
survivor,  and  their  assigns,  to  their  only  proper  use,  benefit, 
and  behoof,  for  ever :  Provided  always,  and  these  presents 
are  upon  this  express  condition,  that  if  the  said  party  of  the 
first  part,  his  heirs,  executors,  or  administrators,  shall  well 
and  truly  pay  unto  the  said  parties  of  the  second  part,  the 
survivors  or  survivor,  or  their  assigns,  the  said  sum  of  money 
mentioned  in  the  condition  of  the  said  bond  or  obligation,  and 
the  interest  thereon,  at  the  time  and  in  the  manner  mentioned 
in  the  said  condition,  according  to  the  true  intent  and  mean- 
ing thereof,  that  then  these  presents,  and  the  estate  hereby 
granted,  shall  cease,  determine,  and  be  null  and  void. 

And  the  said  John  Dok,  for  himself,  his  heirs,  executors, 
and  administrators,  doth  covenant  and  agree  to  pay  unto  the 
said  parlies  of  the  second  part,  the  survivors  or  survivor,  or 
their  assigns,  the  said  sum  of  money,  and  interest,  as  men- 
tioned above,  and  expressed  in  the  condition  of  the  said  bond. 

In  wilncss  tDl)Crcot,  &c.  [as  in  No.  54]. 
7* 


78  MORTGAGES. 


No,  63. — Mortgage  to  secure  a  Note. 

S^l)is  Jnbentlire,  made  the  twelfth  day  of  October,  in  the 
year  of  our  Loi^  one  thousand  eight  hundred  and  fifty,  be- 
tween John  Doe,  of  Iowa  City,  in  the  county  of  Johnson^ 
and  state  of  Iowa,  of  the  first  part,  and  Richard  Roe,  of  the 
town  of  Galena,  in  the  county  of  Jo  Daviess,  and  state  of 
Illinois,  of  the  second  part : 

'  toitnesSiJtl)t  ^^^^^  t^^^  said  party  of  the  first  part,  in  consid- 
eration of  the  sum  of  seven  hundred  and  ten  dollars,  lawfu! 
money  of  the*[Jnited  States,  to  him  in  hand  paid,  the  receipt 
whereof  is  hereby  acknowledged,  hath  granted,  bargained, 
sold,  aliened,  remised,  released,  conveyed  and  confirmed,  and 
by  these  presents  doth  grant,  bargain,  sell,  alien,  remise,  re- 
lease, convey,  and  confirm,  unto  the  said  party  of  the  second 
part,  and  to  his  heirs  and  assigns  for  ever,  all  that,  &c.  [here 
describe  the  j)roj)erty  mortgaged^,  together  with  all  and  singu- 
lar the  tenements,  hereditaments,  and  appurtenances,  there- 
unto belonging  or  in  any  wise  appertaining,  and  the  reversion 
and  reversions,  remainder  and  remainders,  rents,  issues,  and 
profits  thereof;  and  also  all  the  estate,  right,  title,  interest, 
claim,  and  demand  whatsoever,  as  well  in  law  as  in  equity,  of 
the  said  party  of  the  first  part,  of,  in,  and  to  the  same,  ^o 
Ijauc  (XXlh  t0  I)olb  the  above  granted  and  described  prem- 
ises, with  the  appurtenances,  unto  the  said  party  of  the  sec- 
ond part,  his  heirs  and  assigns,  to  his  and  their  own  proper 
use,  benefit,  and  behoof,  for  ever  :  Provided  always,  and 
these  presents  are  upon  this  condition,  that  if  the  said  party 
of  the  first  part  shall  well  and  truly  pay  his  certain  promissory 
note,  bearing  even  date  herewith,  given  to  the  said  party  of  the 
second  part  for  the  sum  of  seven  hundred  and  ten  dollars, 
lawful  money  as  aforesaid,  according  to  the  tenor  of  said  note, 
then  these  presents  shall  become  void,  and  the  estate  hereby, 
granted  shall  cease  and  utterly  determine. 

Jn  tuitn^SS  tX)l)etJC0f,  the  said  party  of  the  first  part  to 
these  presents  has  hereunto  set  his  hand  and  seal  the  day  and 
year  first  above  written. 

JOHN  DOE  (seal). 
Sealed  and  delivered  in  the  presence  of  ^ 

John  Smith,  > 

John  Jones.  i 


MORTGAGES.  79 

Ijo.  64.— Mortgage  on  Lease,  with  Covenant  to 
Insure. 

(2El)is  Inbentttre,  made  the  seventJt  day  of  November,  in 
tlie  year  one  thousand  eight  hundred  diXidi  fifty,  between  John 
DoL,  of  the  city  of  New  York,  in  the  county  of  New  York, 
and  state  o^  New  York,  and  Richard  Roe,  of  the  same  place, 
parties  of  the  first  part,  and  John  Smith,  of  the  village  of 
Wiitiamsburgh,  in  the  county  of  Kings,  and  state  of  New 
York,  of  the  second  part : 

tohifTfas,  John  Jones  did,  by  a  certain  indenture  of  lease, 
bearing  dale  the^r*^  day  of  August,  in  the  year  one  thousand 
eio^lit  hundred  and  fifty,  demise,  lease,  and  to  fanii  let,  unto 
the  said  patties  of  the  first  part,  and  to  their  executors,  ad- 
ministrators, and  assigns,  all  and  singular  the  premises  here- 
inafter mentioned  and  described,  together  with  their  appur- 
tenances :  tto  hfltJC  ax\h  to  l)0lJ>  the  same  unto  the  said  par- 
ties of  the  fiist  part,  and  to  their  executors,  administrators, 
and  assigns,  for  and  during  and  until  the  full  end  and  term  of 
twenty-one  yeais,  from  the^r*^  day  of  August  last,  and  fully 
to  be  complete  and  ended,  yielding  and  paying  therefoy^-  unto 
the  said  John  Jones,  and  to  his  heirs,  executors,  administra- 
tors, or  assigns,  the  yearly  rent  or  sum  of  one  hundred  dollars  : 
and  whereas,  the  said  parties  of  the  first  part  are  justly  in- 
debted to  the  said  party  of  the  second  part,  in  the  sum  of 
five  hundred  dollars,  lawful  money  of  the  United  States,  se- 
cured to  be  paid  by  their  certain  bond  or  obligation  bearing 
even  date  with  these  presents,  in  the  penal  sum  of  one  thou- 
sand dollars,  lawful  money  as  aforesaid,  conditioned  for  the 
payment  of  the  first-mentioned  sum  o?  five  hundred  dollars, 
as  by  the  said  bond  or  obligation  and  the  condition  thereof, 
reference  being  thereunto  had,  may  more  fully  8;)pear : 

l&om  lljis  Inbcnture  tuitncSfiCtlj,  that  the  said  parties 
of  the  first  part,  for  the  better  securing  the  payment  of  the 
said  sum  of  money  mentioned  in  the  condition  of  the  said 
bond  or  obligation,  with  interest  thereon,  according  to  the 
true  intent  and  meaning  thereof,  and  also  for  and  in  consider- 
ation of  the  sum  of  one  dollar,  to  them  in  hand  paid  by  the 
said  party  of  the  second  part,  at  or  before  the  ensealing  and 
delivery  of  these  presents,  the  receipt  whereof  is  hereby  ac- 
knowledged, have  granted,  bargained,  sold,  assigned,  trans- 
t'orred,  and  set  over,  anjl  by  these  presents  do  grant,  bargai 


BO  MORTGAGES. 

sell,  assign,  transfer,  and  set  over,  unto  the  said  party  of  the 
second  part,  all  that  certain  piece,  parcel,  or  lot  of  land,  situ- 
ate in  the  city  of  New  York,  in  the  county  of  New  York,  and 
state  of  New  York,  and  which  is  known  and  described  as 
follows,  namely  [here  describe  the  land],  together  with  all  and 
singular  the  edifices,  buildings,  rights,  members,  privileges, 
and  appurtenances,  thereunto  belonging  or  in  any  wise  ap- 
pertaining :  and  also  all  the  estate,  right,  title,  interest,  term 
of  years  yet  to  come  and  unexpired,  property,  possession, 
claim,  and  demand  whatsoever,  as  well  in  law  as  in  equity,  of 
the  said  parties  of  the  first  part,  of,  in,  and  to  the  said  demised 
premises,  and  every  part  and  parcel  thereof,  with  the  appur- 
tenances :  and  also  the  said  indenture  of  lease,  and  every 
clause,  article,  and  condition,  therein  expressed  and  contained. 
®0  I)at)e  anb  \0  l^olb  the  said  indenture  of  lease,  and  other 
hereby  granted  premises,  unto  the  said  party  of  the  Second 
part,  his  executors,  administrators,  and  assigns,  to  his  and 
their  only  proper  use,  benefit,  and  behoof,  for  and  during 
all  the  rest,  residue,  and  remainder,  of  the  said  term  of 
years  yet  to  come  and  unexpired :  subject,  nevertheless, 
to  the  rents,  covenants,  conditions,  and  provisions,  in  the 
said  iwdenture  of  lease  mentioned  :  Provided  always,  and 
these  presents  are  upon  this  express  condition,  that  if  the 
said  parties  of  the  first  part  shall  well  and  truly  pay  unto 
the  said  party  of  the  second  part  the  said  sum  of  money  men- 
tioned in  the  condition  of  the  said  bond  or  obligation,  and 
the  interest  thereon,  at  the  time  and  in  the  manner  mentioned 
in  the  said  condition,  according  to  the  true  intent  and  mean- 
ing thereof,  that  then  and  from  thenceforth  these  presents,  and 
the  estate  hereby  granted,  shall  cease,  determine,  and  be  ut- 
terly null  and  void,  anything  herein  before  contained  to  the 
contrary  in  any  wise  notwithstanding. 

And  the  said  partiesof  the  first  part  do  hereby  covenant,  grant, 
promise,  and  agree  to  and  with  the  said  party  of  the  second  part, 
that  they  shall  well  and  truly  pay  unto  the  said  party  of  the  sec- 
ond part,  the  said  sum  of  money  mentioned  in  the  condition  of 
the  said  bond  or  obligation,  and  the  interest  thereon,  accord- 
ing to  the  condition  of  the  said  bond  or  obligation  ;  and  that 
the  said  premises  hereby  conveyed  now  are  free  and  clear  of 
all  encumbrances  whatsoever,  and  that  they  have  good  right 
and  lawful  authority  to  convey  the  same  in  manner  and  form 
hereby  conveyed  :  and  if  default  shall  be  made  in  the  payment 

f  the  said  sum  of  money  above  mentioned,  or  in  the  interest 


MORTGAGES.  81 

which  shall  accrue  thereon,  or  of  any  part  of  either,  that  then 
and  from  thenceforth  it  shall  be  lawful  for  the  said  party  of 
the  second  part,  and  his  assigns,  to  sell,  transfer,  and  set  over, 
all  the  rest,  residue,  and  remainder,  of  the  said  term  of  years 
then  yet  to  come,  and  all  other  the  right,  title,  and  interest, 
of  the  said  parties  of  the  first  part,  of,  in,  and  to  the  same,  at 
public  auction  :  and  as  the  attorney  of  the  said  parties  of  the 
first  part,  for  that  purpose  by  these  presents  duly  authorized, 
constituted,  and  appointed,  to  make,  seal,  execute,  and  deliver  to 
tne  purchaser  or  purchasers  thereof,  a  good  and  sufficient  as- 
signme|it,  transfer,  or  other  conveyance  in  the  law,  for  the 
same  premises,  with  the  appurtenances ;  and  out  of  the  money 
arising  from  such  sale,  to  retain  the  principal  and  interest 
which  shall  then  be  due  on  the  said  bond  or  obligation,  to- 
gether with  the  cost  and  charges  of  advertisement  and  sale 
of  the  same  premises,  rendering  the  overplus  of  the  purchase 
money  (if  any  there  shall  be)  unto  ihe  said  parties  of  the  first 
part,  or  their  assigns ;  which  sale,  so  to  be  made,  shall  be  a 
perpetual  bar,  both  in  law  and  equity,  against  the  said  parties 
of  the  first  part,  and  against  all  persons  claiming  or  to  claim 
the  premises,  or  any  part  thereof,  by,  from,  or  under  them, 
or  any  of  them. 

[And  it  is  also  agreed  by  and  between  the  parties  to  these 
presents,  that  the  said  parties  of  the  first  part  shall  and  will 
keep  the  buildinojs  erected  and  to  be  erected  upon  the  lands 
above  conveyed,  insured  against  loss  and  damage  by  fire,  by 
insurers,  and  in  an  amount  approved  by  the  said  party  of  the 
second  part,  and  assign  the  policy  and  certificates  thereof  to 
the  said  party  of  che  second  part ;  and  in  default  thereof,  it 
shall  be  lawful  for  the  said  party  of  the  second  part  to  effect 
such  insurance,  and  the  premium  and  premiums  paid  for 
effecting  the  same  shall  be  a  lien  on  the  said  mortgaged  prem- 
ises, added  to  the  amount  of  the  said  bond  or  obligation,  and 
secured  by  these  presents,  and  payable  on  demand,  with  in- 
terest, at  the  rate  o^  seven  per  cent,  per  annum.]* 

Jfn  loitncss  ttll]ercof,  the  parties  of  the  first  part  to  these 
presents  have  hereunto  set  their  hands  and  seals  the  day  and 
year  first  above  written. 
Sealed  and  delivered  ^ 

in  the  presence  of  I  JOHN  DOE  (seal). 

John  Gates,       [  .  RICHARD  ROE  (seal). 

John  Stone.       ^ 

"  Tliifl  L-laufle  cat!  bo  omilleil  when  not  reqaii 


82  DOWER 


DOWER. 


Dower  Is  the  interest  which  the  law  allows  a  wife  in  the 
lands  of  her  husband,  in  the  event  of  her  surviving  him.  It 
is  generally  the  right  to  have  the  one  third  part  in  value  of 
the  lands  of  her  husband  set  off  to  her  for  her  use  during  h^r 
natural  life,  but  which  she  can  not  dispose  of  for  a,  longer 
period  than  her  life.  The  rights  of  the  wife  in  personal 
property  depend  on  the  statute  regulations  of  the  states. 

If  the  husband  by  his  will  devise  a  legacy  to  her  in  lieu  of 
her  dower,  she  has  the  right  to  choose  which  she  will  take, 
the  dower  or  the  legacy. 

In  case  of  an  exchange  of  lands,  the  widow  must  elect 
whether  she  will  take  her  dower  in  the  lands  given  in  ex- 
cliange  or  in  those  taken  in  exchange. 

An  assignment  of  dower  is  a  conveyance,  by  the  heirs,  of  a 
certain  part  of  the  lands  to  the  widow  for  life,  in  lieu  and  sat- 
isfaction of  her  dower  interest  in  the  whole. 

Never  take  a  conveyance  of  real  estate  from  a  married 
man  without  seeing  that  his  wife  joins  in  the  conveyance,  and 
properly  acknowledges  it,  according  to  the  laws  of  your  state, 
before  the  proper  officer.  If  she  be  not  twenty-one  years  of 
age,  she  can  not  bar  her  right  of  dower,  in  which  case  it  will 
be  of  no  use  for  her  to  join  in  the  conveyance. 

As  to  acknowledgments  by  the  husband  and  wife,  see  the 
respective  states. 

A  female  wishing  to  secure  the  property  she  may  possess, 
so  as  to  enjoy  the  benefit  of  it  after  maiTiage,  free  from  the 
control  and  liabilities  of  her  husband,  can  effect  her  purpose 
by  conveying  it  to  a  third  person  in  trust  for  her  benefit. 

If  a  husband  wishes  to  convey  property  to  a  wife,  he  can 
do  so  by  conveying  to  some  friend  in  trust  for  her  benefit. 
Such  a  conveyance  would  be  set  aside  on  the  apphcation  of 
creditors  whose  rights  were  prejudiced  by  it,  but  they  will 
secure  the  property  to  the  wife  against  everybody  else. 


DOWER.  83 

No.  65. — Assignment  of  Dower. 

6[|]is  JnbcntntC,  made  the  thirtieth  day  o^  November,  in 
the  year  one  thousand  eight  hundred  and  Jifty,  between  John 
Doe,  of  the  town  of  Morristoton,  in  the  county  of  Morris,  and 
state  of  New  Jersey,  and  Richard  Doe,  of  the  town  of  Rah- 
way,  in  the  county  of  Essex,  and  state  of  New  Jersey,  sole 
heirs  of  William  Doe,  late  of  Morristown  aforesaid,  now 
deceased,  parties  of  the  first  part,  and  Susan  Doe,  of  Mor- 
ristown  aforesaid,  widow  and  relict  of  the  said  William  Doe, 
deceased,  of  the  other  part : 

tofjcreas,  the  said  William  Doe  was  seized  at  the  time 
of  his  decease  in  fee  simple  of  certain  lands  and  tenements, 
which,  upon  his  decease  aforesaid,  descended  to  the  said  John 
Doe  and  Richard  Doe,  his  sole  heirs  at  law — 

JCouj  tl)is  Jubentnte  roitncssctl),  that  the  said  John 
Doe  and  Richard  Doe  have  set  off  and  assigned,  and  by 
these  presents  do  set  off  and  assign,  unto  the  said  Susan  Doe, 
all  that,  &c.  \Jiere  descrihe  the  premises  assigned]  :  (Jo  \)av>C 
(Xxdi  lO  l]Olb  the  same,  with  all  the  tenements  and  appurte- 
nances thereunto  belonging,  unto  the  said  SusAxV  Doe,  for 
and  during  the  term  of  her  natural  life,  as  and  for  her  dower, 
and  in  lieu  of  and  full  satisfaction  of  all  her  dower  and  claim 
of  dower,  in  the  land^of  which  the  said  William  Doe  died 
eeized. 

And  the  said  Susan  Doe  hereby  signifies  her  acceptance 
of  the  premises  so  set  off  and  assigned  to  her,  as  and  for  her 
dower  and  in  full  satisfaction  of  all  her  dower  and  claim  of  dower 
in  the  lands  whereof  the  said  William  Doe,  her  late  husband, 
died  seized. 

Jn  tsitncas  mljercof,  the  parties  to  these  presents  have 
hereunto  set  their  hands  and  seals  the  day  and  year  first  above 
written. 
Signed,  sealed,  and  deliv- ")  TOWN  DOF  /      7  ) 

?;«"  S^r'         1  «USAN  DOE  (.cal). 


84 


No.  66. — Release  of  Bower. 
(Jo  all  to  tohom  tijese  JDresenta  sI)aU  come,  Susan 

DoK,  of  the  cAty  of  Pittshurgh,  in  the  county  of  Allegany^ 
and  state  of  Pennsylvania,  widow  and  relict  of  John  Doe, 
late  of  the  same  place,  deceased,  sends  greeting  :  Know  ye, 
that  the  said  Susan  Doe,  the  party  of  the  first  part  to  these 
presents,  for  and  in  consideration  of  the  sum  o^  Jive  hundred 
dollars,  lawful  money  of  the  United  States,  to  her  in  hand 
paid  at  or  before  the  ensealing  and  delivery  of  these  presents, 
by  Richard  Doe,  of  the  city  of  Wheeling,  in  the  county  of 
Ohio,  and  state  of  Virginia,  of  the  second  part,  the  receipt 
whereof  is  hereby  acknowledged,  hath  granted,  remised,  re- 
leased, and  for  ever  quit-claimed,  and  by  these  presents  doth 
grant,  remise,  release  and  for  ever  quit-claim,  unto  the  said 
party  of  the  second  part,  his  heirs  and  assigns  for  ever,  all  the 
dower  and  thirds,  right  and  title  of  dower  and  thirds,  and  all 
other  right,  title,  interest,  property,  claim,  and  demand  what- 
soever, in  law  and  equity,  of  her,  the  said  party  of  the  first 
part,  of,  in,  and  to  all  that  certain  piece  or  parcel  of  land,  &c. 
[here  describe  the  premises] ;  so  that  she,  the  said  party  of  the 
first  part,  her  heirs,  executors,  administrators,  or  assigns,  nor 
any  other  person  or  persons,  for  her,  them,  or  any  of  them, 
shall  not  have,  claim,  challenge,  or  demand,  or  pretend  to 
have,  claim,  challenge,  or  demand,  any  dower  or  thirds,  or 
any  other  right,  title,  claim,  or  demand  whatsoever,  of,  in,  and 
to  the  same,  or  any  part  or  parcel  thereof,  in  whosoever  hands, 
seisin,  or  possession,  the  same  may  or  can  be,  and  thereof 
and  therefrom  shall  be  utterly  barred  and  excluded  for  ever 
by  these  presents. 

Su  tDitneSS  tuljer^of,  the  said  party  of  the  first  part  to 
these  presents  hath  hereunto  set  her  hand  and  sea.l,  the  Jirst 
day  of  Novemhtr,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  Jifty. 

SUSAN  DOE  (seal) 
Sealed  and  delivered  in  the  pre!C«ence  of  ^ 

Peter  Pepper,  p> 

John  Stone.  ) 


LANDLORL    AND    TENANT 


LANDLORD  AND  TENANT. 

A  landlord  is  one  who  lets  or  leases  property. 
A  tenant  is  the  person  to  whom  it  is  leased. 
A  lease  is  a  contract  whereby  the  owner  of  property  con- 
veys the  use  of  it  to  another  for  a  limited  time,  at  a  stipula- 
ted rent  or  consideration,  payable  at  specified  periods.  In 
drawing  a  lease,  care  should  be  had  that  all  the  conditions 
and  liabilities  on  which  the  premises  are  granted  and  taken 
are  clearly  specified  in  it. 

An  under-lease  is  the  contract  whereby  a  tenant  leases  his 
leasehold  property  to  some  third  person,  who  is  called  an 
vnder -tenant. 

Leases  should  be  in  writing,  They  are  of  four  kinds, 
namely : — 

Lease  for  years  ; 

—^  Lease  for  Ife  / 

Lease  at  will  ; 

Lease  hy  sufferance  ; 

A  lease  for  years  is  a  lease  for  a  certain  number  of  years 
specified  in  the  lease. 

A  lease  for  life  is  a  lease  for  either  the  life  of  the  tenant, 
or  of  some  other  person  or  persons. 

A  lease  at  vnll  is  where  the  tenantry  exists  only  during  the 
will  of  either  of  the  parties.       • 

A  lease  hy  sufferance  is  when  the  tenant's  lease  has  expired, 
and  he  continues  to  remain  iu  possession.  He  is  then  tenant 
by.  the  sufferance  of  the  landlord. 

8 


f 


86  LANDLORD    AND    TENANT. 

No.  67. — Short  Form  of  Lease. 

QTIjis  JnbcnttJte^  made  the  first  day  o?  April,  in  the  year 
one  thousand  eight  hundred  and  ^^/;?/,  between  John  Doe, 
of  the  city  of  Neiv  York,  in  the  county  of  New  York,  and  state 
of  New  York,  of  the  first  part,  and  Richard  Roe,  of  the 
same  place,  of  the  second  part — * 

tOitTtCSSetl),  that  the  said  party  of  the  first  part  hath  let- 
ten,  and  by  these  presents  doth  grant,  demise,  and  to  farm  let, 
unto  the  said  party  of  the  second  part,  all  that,  &c.  \^iere  de- 
scribe the  premises  intended  to  he  let],  with  the  appurtenances, 
for  the  term  oi  twenty  years,  from  the  first  day  of  May,  one 
thousand  eight  hundred  and  fifty,  at  the  yearly  rent  or  sum 
of  two  hundred  dollars,  to  be  paid  in  equal  quarter  yearly 
payments.  And  it  is  agreed  that  if  any  rent  shall  be  due  and 
unpaid,  or  if  default  shall  be  made  in  any  of  the  covenants 
herein  contained,  then  it  shall  be  lawful  for  the  said  party  of 
the  first  part  to  re-enter  the  said  premises,  and  to  remove  all 
persons  therefi'om. 

And  the  said  party  of  the  second  part  doth  covenant  to  paj 
to  the  said  party  of  the  first  part  the  said  yearly  rent  as 
herein  specified,  namely,  in  quarter  yearly  payments  on  the 
first  day  of  August,  November,  February,  and  May,  in  each 
and  every  year  :  and  that  at  the  expiration  of  the  said  term, 
the  said  party  of  the  second  part  will  quit  and  surrender  the 
premises  hereby  demised  in  as  good  state  and  condition  as 
reasonable  use  and  wear  thereof  will  permit,  damages  by  the 
elements  excepted  :  and  the  said  party  of  the  first  part  doth 
covenant  that  the  said  party  of  the  second  part,  on  paying  the 
said  yearly  rent,  and  performing  the  covenants  aforesaid,  shall 
and  may  peaceably  and  quietly  have,  hold,  and  enjoy,  the  said 
demised  premises  for  the  tefm  aforesaid. 

JiU  toitnCSS   tuljCteof,  we  have   hereunto  set   our  hands 
and  seals,  this  first  day  of  April,  one  thousand  eight  hundred 
and  fifty. 
Sealed  and  delivered ") 

in  the  presence  of  (  JOHN  DOE  (seal). 

John  Smith,       f  RICHARD  ROE  (seal). 

Peter  Jones.    \ 


LANDLORD    AND    TENANT.  87 

No.  68. — Lease :  Tenant  to  pay  Taxes,  and  not  to 
underlet  without  Consent  of  the  Landlord,  un- 
der his  Hand  and  Seal. 
(L\)\5  Jnbenture,  &c.  [as  in.  No.  67  to  *  ] — 

iDitncssctl),  that  the  said  party  of  the  fir«t  part,  in  con- 
eiderati  m  of  the  rents  and  covenants  hereinafter  reserved  and 
contained,  on  the  part  and  behalf  of  the  said  party  of  the  sec- 
ond part,  to  him,  his  executors,  administrators,  and  assigns, 
to  be  paid,  kept,  and  performed,  hath  granted,  demised,  and 
lo  farm  let,  and  by  these  presents  doth  grant,  demise,  and  to 
faiTTi  let,  unto  the  said  party  of  the  second  part,  all  that,  &c, 
[here  describe  the  property].  ®o  |)at)e  axib  tO  I)olb  the  said 
above  mentioned  and  described  premises  unto  the  said  party 
of  the  second  part,  his  executors,  administrators,  and  assigns, 
from  the  ^rst  day  of  May,  in  the.year  of  our  Lord  one  thou- 
sand eight  hundred  and  Jifti/,  for  and  during,  and  until  the 
full  end  and  term  of  Jive  years,  from  thence  next  ensuing,  and 
fully  to  be  complete  and  ended  ;  yielding  and  paying  for  the 
same  unto  the  said  party  of  the  first  part,  or  to  his  heirs  or 
assigns,  the  rent  or  sum  of  three  hundred  dollars,  lawful  money 
of  the  United  States,  yearly  and  every  year,  during  the  said 
term,  in  equal  quarter  yearly  payments,  to  be  made  on  the 
first  day  of  August,  November,  February,  and  May,  in  each 
and  every  year,  during  the  term  hereby  demised,  the  first 
payment  to  be  made  on  the  first  day  of  August  next :  Pro- 
vided ALWAYS,  that  if  it  shall  happen  that  the  said  yearly  rent 
or  any  part  thereof,  shall  not  be  paid  on  any  day  on  which 
the  same  ought  to  be  paid,  as  aforesaid,  then,  and  at  all  times 
thereafter,  it  shall  and  may  be  lawful  for  the  said  party  of  the 
first  part,  his  heirs  and  assigns,  into  the  said  demised  prem- 
ises, or  any  part  thereof,  in  the  name  of  the  whole,  to  re-enter 
and  to  re-possess,  have,  and  enjoy  the  same  again,  as  of  his  or 
tlieir  formei  estate  and  interest  therein,  anything  herein  con- 
tained to  the  contrary  in  any  wise  notwithstanding. 

And  the  said  party  of  the  second  part,  for  himself,  his  ex- 
ecutors, administrators,  and  assigns,  doth  by  these  presents 
covenant  ajid  giant,  to  and  with  the  said  party  of  the  first 
part,  his  heirs  and  assigns,  in  manner  following,  that  is  to  say  : 
that  he,  the  said  party  of  the  second  part,  his  executors,  ad- 
ministrators, and  assigns,  shall  and  will,  during  the  term  here- 
by demised,  well  and  truly  pay  unto  the  snid  party  of  the  first 
part,  his  heirs  or  assigns,  the  said  yearly  rent  li.i  c  iiy  reserved, 


88  LANDLORD    AND    TENANT. 

at  the  days  and  times  herein  before  limited  for  the  payment 
thereof,  without  fraud  or  delay. 

And  also,  that  he,  the  said  party  of  the  second  part,  his  ex- 
ecutors, administrators,  or  assigns,  shall  and  will,  at  his  and 
their  own  proper  costs  and  charges,  bear,  pay,  and  discharge, 
all  such  duties,  taxes,  assessments,  and  payments,  extraordi- 
nary as  well  as  ordinary,  as  shall  during  the  time  hereby  de- 
mised be  laid,  levied,  assessed,  or  imposed  on,  or  grow  due 
or  payable  out  of,  or  for,  or  by  reason  of  the  said  demised 
premises,  or  any  part  thereof:  and  also,  that  he,  the  said 
party  of  the  second  part,  himself,  his  executors,  administra- 
tors, or  assigns,  or  any  of  them,  shall  not,  nor  will,  at  any 
time  or  times  hereafter,  during  the  term  hereby  granted, 
lease,  let,  or  demise,  all  or  any  part  of  the  said  premises  here- 
by demised,  nor  assign,  transfer,  or  make  over  the  same,  or 
this  present  lease,  or  any  of  his  or  their  term  or  time  therein 
to  any  person  or  persons  whomsoever,  without  the  consent  of 
the  said  party  of  the  first  part,  his  heirs  or  assigns,  in  writing, 
under  his  or  their  seal,  for  that  purpose  first  had  and  obtained, 
anything  herein  before  contained  to  the  contrary  thereof  in 
any  wise  notwithstanding  :  and  also  that  he,  the  said  party  of 
the  second  part,  "his  executors,  administrators,  or  assigns,  or 
some  or  one  of  them,  shall  and  will,  on  the  last  day  of  the 
term  hereby  demised,  or  other  sooner  determination- of  the 
estate  hereby  granted,  well  and  tiuly  deliver  up  the  said 
hereby  demised  premises,  iu  good  and  sufficient  order,  into 
tlie  possession  of  the  said  party  of  the  first  part,  his  heirs  or 
assigns,  without  fraud  or  delay. 

And  provided  further,  and  this  present  lease  is  upon  this 
express  condition,  that  if  the  said  party  of  the  second  part,  his 
executors,  administrators,  or  assigns,  at  any  time  during  the 
term  hereby  granted,  shall  fail  in  the  performance  of  any  or 
either  of  the  covenants,  conditions,  or  provisoes,  in  these  pres- 
ents contained,  which,  on  the  part  and  behalf  of  the  said  party 
of  the  second  part,  his  executors,  administrators,  and  assigns, 
are  or  ought  to  be  observed,  performed,  fulfilled,  and  kept ; 
then,  and  at  all  times  thereafter,  it  shall  and  may  be  lawful 
for  the  said  party  of  the  first  part,  his  heirs  and  assigns,  into 
the  said  demised  premises,  or  any  part  thereof,  in  the  name 
of  the  whole,  to  re-enter  and  re-possess,  have,  and  enjoy  the 
same  again,  as  of  their  former  estate  and  intei  est  therein,  any- 
thing herein  contained  to  the  contrary  in  any  wise  notwith- 
standing.— Jn  xoitnesB  toljereof,  &c.  [as  in  No.  67]. 


LANDLORD    AND    TENANT.  89 

• 

No.  69. — Agreement  to  Let,  with  Covenant  not  to 
Underlet 

Qi,\)is  Agreement,  made  the  sixteenth  day  of  Fcbruari/, 
m  the  year  one  thousand  eight  hundred  andjifty-one,  between 
John  Doe,  of  the  city  of  Brooklyn,  in  the  county  of  Kings, 
and  state  of  New  York,  of  the  first  part,  and  Richard  Roe, 
of  the  same  place,  of  the  second  part — 

tX)itnes5eti)f  that  the  said  party  of  the  first  part  hath  agreed 
to  let,  and  hereby  doth  let,  and  the  said  J)arty  of  the  second 
part  hath  agreed  to  take,  and  hereby  doth  take,  that  certain 
tot  or  parcel  of  land  lying  and  being  situated  on  the  north 
side  of  Franklin  street,  knovm  and  at  present  numbered  as 
twenty-one,  in  the  third  ward  of  the  city  of  Brooklyn  afore- 
said, together  with  the  two-story  brick  dwelling  and  other 
appurtenances  thereunto  belonging,  for  the  term  of  one  year, 
to  commence  on  the  frst  day  of  May,  one  thousand  eight 
hundred  and  fifty-one,  and  to  end  on  the  first  day  of  May, 
one  thousand  eight  hundred  ?iuA  fifty-two.       • 

And  the  said  party  of  the  second  part  hereby  covenants 
and  agi'ees  to  pay  unto  the  said  party  of  the  first  part  the 
yearly  rent  or  sum  of  three  hundred  dollars,  payable  quar- 
terly on  the  first  days  of  August,  November,  February,  and 
J^'Iay,  in  each  year,  and  to  quit  and  surrender  the  premises  at 
the  expiration  of  the  said  term,  in  as  good  state  and  condition 
as  reasonable  use  and  wear  thereof  will  permit,  damages  by 
?he  elements  excepted.  And  the  said  party  of  the  second 
part  further  covenants  that  he  will  not  assign,  let,  or  underlet, 
the  whole  or  any  part  of  the  said  premises,  without  the  writ- 
ten consent  of  the  said  party  of  the  first  part,  under  the  pen- 
ally of  forfeiture  and  damages ;  and  that  he  will  not  occupy 
the  said  premises,  nor  permit  the  same  to  be  occupied  for  any 
business  deemed  extra-hazardous  without  the  like  consent, 
*ider  the  like  penalty  :  and  the  said  party  of  the  second  pait 
further  covenants  that  he  will  permit  the  said  party  of  tho 
first  j)art  or  his  agent  to  enter  said  premises  for  the  purpose 
of  making  repairs  or  alterations,  and  also  to  show  the  prem- 
ises to  persons  wishing  to  hire  or  ])urchase ;  and  on  and  after 
the  first  day  of  February  next  will  permit  the  usual  notice 
of  "to  let"  or  "for  sale"  to  be  placed  upon  the  walls  of  said 
premises,  and  remain  thereon,  without  hinderance  or  nviles- 
tation  :  and  also,  that  if  the  said  premises  or  any  part  thereof 
shall  become  vacant  during  the  said  tenn,  the  said   party  of 


A 


90  LANDLORD     AND     TENANT. 

the  first  j^ai  ,  may  re-enter  the  same,i)y  either  force  or  other- 
wise, withojt  being  liable  to  any  prosecution  therefor;  anW 
re-let  the  said  premises  as  the  agent  of  the  said  party  of  the 
second  part,  and  receive  the  rent  thereof,  applying  the  same, 
first  to  the  payment  of  such  expense  as  he  may  be  put  to  in 
re-entering,  and  then  to  the  payment  of  the  rent  due  by  these 
presents ;  and  the  balance  (if  any)  to  be  paid  over  to  the  said 
party  of  the  second  part. 

And  the  said  party  of  the  second  part  hereby  further  cov- 
enants that  if  any  Kicfault  be  made  in  the  payment  of  the  said 
rent,  or  any  part  thereof,  at  the  times  above  specified,  or  if 
default  be  made  in  the  performance  of  any  of  the  covenants 
or  agreements  herein  contained,  the  said  hiring,  and  the  rela- 
tion of  landlord  and  tenant,  at  the  option  of  the  said  party  of 
the  first  part,  shall  wholly  cease  and  determine ;  and  the  said 
party  of  the  first  part  shall  and  ma?y  re-enter  the  said  prem- 
ises, and  remove  all  persons  therefrom ;  and  the  said  party  of 
the  second  part  hereby  expressly  waives  the  service  of  any 
notice  in  writing  of  intention  to  re-enter. 

Jn  toitnees  toljereof,  &c.  [as  in  No.  67]. 

Sit  COttsibcratioit  of  the  letting  of  the  premises  above 
mentioned  to  the  above-named  Richard  Roe,  I  do  hereby 
cover  ant  and  agree,  to  and  with  the  party  of  the  first  part 
abo\e  named,  and  his  legal  representatives,  that  if  default 
shall  at  any  time  be  made  by  the  said  Richard  Roe-  in  the 
payment  of  the  rent  and  performance  of  the  covenants  above 
contained  on  his  part  to  be  paid  and  performed,  that  I  will 
well  and  truly  pay  the  said  rent,  or  any  arrears  thereof,  that 
may  remain  due  unto  the  said  party  of  the  first  part,  and 
also  all  damages  that  may  arise  in  consequence  of  the  non- 
performance of  said  covenants,  or  either  of  them,  without 
requiring  notice  of  any  such  default  from  the  said  party  of 
the  first  part. 

ijDitneSS  my  hand  and  seal,  this  sixteenth  day  of  Febru- 
ary, one  thousand  eight  hundred  and  jifty-one. 

THOMAS  SHARPS. 
«r«  (  John  Stone, 

^"""^^       John  Smith. 


LANDLORD    AND    TENANT.  91 

No.  70. — Tenant's  Agreement.* 

QTIjis  is  to  Olcrtifl],  tliat  1  have  hired  and  taken  of  John 
Smith,  of  the  village  of  Smithtown,  in  the  county  of  Saginaw, 
and  state  of  Michigan,  a  house  and  lot  known  as  number  twenty- 
one.  Smith  street,  in  the  village  of  Smithtown  aforesaid,  for 
the  terra  of  one  year  from  the^r*^  day  o^  June,  one  thousand 
eight  hundred  and  fifty,  at  the  yearly  rent  of  two  hundred 
dollars,  payable  quarter  yearly.  And  I  hereby  promise  to 
make  punctual  payment  of  the  rent  in  manner  aforesaid,  and 
quit  and  surrender  the  premises  at  the  expiration  of  the  said 
term,  in  as  good  state  and  condition  as  reasonable  use  and 
wear  thereof  will  permit,  damages  by  the  elements  excepted, 
and  engage  not  to  let  or  underlet  the  whole  or  any  part  of 
the  said  premises,  without  the  written  consent  of  the  land- 
lord, under  the  penalty  of  forfeiture  and  damages ;  and  also 
not  to  occupy  the  said  premises  for  any  business  deemed 
extra-hazardous  without  the  like  consent,  under  the  like  pen- 
alty. 

^iu^lt  under  my  hand  and  s^al,  the  tenth  day  of  May,  one 
thousand  eight  hundred  and  fifty.       JOHN  DOE  (seal). 

Witness    [  J*"^^  Smort, 
(  John  Jones. 


No.  71. — Landlord's  Agreement 

(H]is  is  to  Ccrtifjl,  that  I  have  let  and  rented  unto  John 
Doe,  of  the  village  of  Smithtown,  in  the  county  of  Saginaw, 
and  state  of  Michigan,  my  house  and  lot  known  as  number 
twenty-one.  Smith  street,  in  the  village  of  Smithtown  afore- 
said, for  the  term  of  one  year  from  the  first  day  o^  June,  one 
thousand  eight  hundred  and  fifty,  at  the  yearly  rent  of  two 
hundred  dollars,  payable  quarter  yearly.  The  premises  are 
not  to  be  used  or  occupied  for  any  business  deemed  extra- 
hazardous, on  account  of  fire,  nor  shall  the  same  or  any  part 
thereof  be  let  or  underlet  without  the  written  consent  of  the 
*andlord,  under  the  penalty  of  forfeiture  and  damages. 

©iocn  under  my  hand  and  seal,  the  tenth  day  o^  May,  one 
thousand  eight  hundred  and  fifty.  JOHN  SMITH. 

Witness    Hames  Short, 
(  John  Jones. 

"  If  a  sarcty  ia  required,  as  security  for  tiie  payment  of  the  rent,  the  one 
pended  to  No.  6U  can  be  added. 


J 


9f  LANDLORD     AND    TENANT. 

No.  72. — Agreement  for  Letting,  with  Mortgage  on 
Personal  Property  to  secure  the  Rent. 

QL{)\5  ^%XCCmcnU  ma<5e  the  seventh  day  o^  July,  in  the  year 
one  thousand  eight  hundred  diuAJifty,  between  John  Doe,  of 
the  city  ol"  Boston,  in  the  county  of  Suffolk,  and  state  of 
Massachusetts,  of  the  first  part,  and  Richard  Roe,  of  the  scune 
place,  of  the  second  part — 

toitnesSCtI),  that  the  said  party  of  the  first  part  hath  agreed 
to  let,  and  hereby  doth  let,  and  the  said  party  of  the  second 
pait  hath  agreed  to  take,  and  hereby  doth  take  [Jiere  describe 
the  premises^,  for  the  term  of  three  years,  to  commence  on  the 
Jlrst  day  of  August,  one  thousand  eight  hundred  and  fifty, 
and  to  end  on  the  thirty  first  day  of  July,  one  thousand  eight 
hundred  m\(i  fifity -three. 

And  the  said  party  of  the  second  part  hereby  covenants 
8iid  agrees  to  pay  unto  the  said  party  of  the  first  part  the 
yearly  rent  or  sum  oi  fiour  hundred  dollars,  payable  quar- 
ter yearly,  that  is  to  say,  on  the  first  day  of  November, 
February,  May^  and  August,  of  each  and  every  year, 
and  to  quit  and  surrender  the  premises  at  the  expiration  of 
the  said  term,  in  as  good  state  and  condition  as  reasonable  use 
and  wear  thereof  will  permit,  damages  by  the  elements  ex- 
cepted ;  and  not  assign,  let,  or  underlet,  the  whole  or  any  part 
of  the  said  premises,  or  occupy  the  same  for  any  business 
deemed  extra-hazardous,  without  the  written  consent  of  the 
said  party  of  the  first  part,  under  the  penalty  of  forfeiture 
and  damages. 

And  the  said  party  of  the  second  part  hereby  further  cove- 
nants, that  if  any  default  be  made  in  the  payment  of  the  said 
rent,  or  any  part  thereof,  at  the  times  above  specified,  the  said 
party  of  the  first  part  shall  and  may  re-enter  the  said  prem- 
ises, and  remove  all  persons  therefrom. 

And  the  said  party  of  the  second  part,  for  the  considera- 
tion aforesaid,  and  for  the  sum  of  one  dollar  to  him  paid  by 
the  said  party  of  the  first  part,  doth  grant,  bargain,  and  sell, 
unto  the  said  parties  of  the  first  pait,  all  and  singular  the 
goods  and  chattels  mentioned  in  the  schedule  hereto  an- 
nexed.* ^0  I)at)e  artb  to  l)Oliy  the  said  goods  and  chattels 
for  ever :  Upon  Condition,  that  if  the  said  party  of  the  sec- 
ond part  shall  well  and  truly  pay,  or  cause  to  be  paid,  unto 

See  page  50  for  plan  of  schedule. 


LANDLORD    AND    TENANT.  93 

the  8ai4  party  of  the  first  part  the  rent  above  reserved  punc- 
tually, at  the  several  times  when  the  same  shall  become  due 
as  aforesaid,  then  the  said  bargain  and  sale  shall  be  null  and 
void.  But  in  case  default  shall  be  made  in  the  payment  of 
the  said  rent,  or  any  pari  thereof,  at  the  several  times  men- 
tioned as  aforesaid,  and  shall  remain  .unpaid  five  days  after 
the  same  becomes  due  and  payable,  then  it  shall  be  lawful  for 
the  said  party  of  the  first  part  to  take  possession  of  the  said 
goods  and  chattels,  wherever  the  same  may  be  found,  and  to 
sell  the  same  at  public  sale  (first  giving  three  days'  notice  of 
the  time  and  place  of  such  sale),  or  so  much  thereof  as  may 
he  necessary  to  pay  the  rent  due,  and  the  balance  of  rent  fi)r 
the  whole  unexpired  term,  whether  due  or  not  due,  and  all 
costs  and  expenses  that  may  have  accrued  on  account  thereof, 
rendering  the  remaining  goods  and  chattels,  and  the  surplus 
money  from  said  sale,  if  any  there  shall  be,  unto  the  said  party 
of  the  second  part. 

^nb  it  is  furtfjcr  agreeb  between  the  parties  to  these 
presents,  that  in  case  the  said  party  of  the  second  part  shall 
sell,  assign,  or  dispose  of,  or  attempt  to  sell,  assign,  or  other- 
wise dispose  of  the  said  goods  and  chattels,  or  shall  attempt 
to  remove  the  same  from  the  premises  hereby  demised  to  the 
said  party  of  the  second  part,  it  shall  and  may  be  lawful  for 
the  said  party  of  the  ik'st  part  to  take  possession  of  the  same, 
and  retain  them  in  his  possession  until  the  said  rent  shall  be 
paid,  or  until  default  in  the  payment  thereof  But  imtil  de- 
fault be  made  in  the  payment  of  the  said  rent,  the  said  goods 
and  chattels  (unless  the  said  party  of  the  second  part  shall 
sell,  or  attempt  to  sell  or  remove  the  same,  as  aforesaid)  shall 
remain  irt  the  possession  of  the  said  parly  of  the  second  part. 

Jn  tnitness  loliercof,  the  parties  to  these  presents  have 
hereunto  set  their  hands  and  seals  the  day  and  year  first  above 
written. 
Signed,  sealed,  and  deliv- ") 

ered,  m  ])resence  of        I         JOHN  DOE  (seal). 
Peter  Penny,  ^        RICHARD  KOE /^jean 

Hiram  Jacob*.  \ 


94  LETTERS    OF    CREDIT    AND    LICExNSE- 


LETTER  OF  CREDIT. 

-This  is  a  letter  frequently  given  by  a  person  of  known 
responsibility  to  a  friend,  to  enable  that  friend  to  procure 
goods  on  time.     It  is  usually  somewhat  in  this  form : — 


I 


No.  73.— Form  of  Letter  of  Credit 

Hamilton,  Canada  West,  ) 
October  15,  1850.  / 
Messrs.  John  Smith  &  Co. — Gentlemen  :  Please  deliver 
to  Richard  Roe,  oi  this  place,  goods,  silks,  and  merchandise, 
to  any  amount  not  exceeding^ye  thousand  dollars,  and  I  will 
hold  myself  accountable  to  you  for  the  payment  of  the  same, 
in  case  Mr.  Roe  should  fail  to  make  payment  therefor. 

You  will  please  to  notify  me  of  the  amount  for  which  you 
may  give  him  credit ;  and  if  default  should  be  made  in  the 
payment,  let  me  know  it  immediately. 

I  am,  gentlemen,  your  most  ob't  servant, 

JOHN  DOE. 


Messrs.  John  Smith  &  Co., 
No  —  Broadioay,  New  York 


.1 


LETTER  OF  LICENSE. 

A  letter  of  license  is  an  agreement  by  creditors  to  permit  a 
debtor,  when  he  is  not  able  to  pay  his  debts  at  the  time  due, 
to  carry  on  his  business  without  molestation.  It  does  not 
release  the  debts,  or  prevent  creditors  who  have  not  signed 
it  from  collecting  their  claims  in  the  usual  method. 


No.  74. — Agreement  not  to  sue  a  Debtor. 

KnotD  all  !^zn  bp  tl)^se  JpresentS,  that  whereas  John 
oE,  of  the  city  of  Baltimore,  in  the  county  of  Baltimore,  and 


LETTER    OP    LICENSE.  95 

State  of  Maryland,  is  justly  indebted  to  us,  Richard  Roe, 
John  Jones,  Thomas  Sharpk,  and  Henry  Smith,  in  divers 
sums  of  money,  which  the  said  John  Doe  is  unable  to  pay: 

Now,  theref«ire,  we  do  hereby  grant  unto  the  said  John 
Doe  full  liberty  and  license  to  attend  to,  follow,  and  nego- 
tiate, any  business  or  affairs  whatsoever,  without  any  suit, 
trouble,  or  hinderance/rom  us,  or  any  of  us,  for  the  space  of 
tioo  years  from  the  date  hereof. 

And  we  and  each  of  us,  for  ourselves,  our  and  each  of  our 
lieirs,  executors,  administrators,  and  assigns,  for  and  in  con- 
sideration of  the  agreement  and  covenant  of  the  said  John 
Doe  hereinafter  contained,  do  covenant  and  agree  with  the 
said  John  Doe,  that  we  will  not,  nor  will  either  or  any  of  us, 
at  any  time  during  the  said  space  of  two  years,  sue,  prosecute, 
arrest,  molest,  or  trouble  the  said  John  Doe,  in  respect  or 
on  account  of  any  debts  now  by  him  due  to  us  or  any  or  either 
of  us. 

And  the  said  John  Doe,  in  consideration  of  the  foregoing 
covenant  and  agreement,  for  himself,  his  heirs,  executors,  or 
administrators,  covenants  and  agrees  with  the  creditors  afore- 
said, that  he  will  faithfully  apply  all  moneys,  property,  and 
effects,  that  he  may  earn  or  procure  during  the  said  tenn  of 
ttoo  years,  to  the  payment  of  his  debts  owing  to  the  creditors 
aforesaid,  in  proportion  to  the  amount  due  and  owing  to  each. 
JTn  toitncss  raljcreof,  we  have  hereunto  set  our  hands 
and  seals,  this  Jirst  day  of  April,  one  thousand  eight  hundred 
and  Jl/ti/. 

RICHARD  ROE, 
JOHN  JONES, 
THOMAS  SHARPE, 
HENRY  SMITH. 
Witness    {J/>HN  Stone. 
(  John  Smith. 


9C  MARKIAtJK 


MARRIAGE. 


Marriage  is  a  civil  contract  entered  into  b^  persons  capa- 
ble of  consenting  thereto. 

It  can  not  be  entered  into  by  idiots  or  lunatics.  When 
procured  by  force  or  fraud,  it  is  also  void.  Marriage  is  like- 
wise prohibited  between  near  relations. 

The  parties  must  be  of  the  age  of  consent,  which  is  gener- 
ally fourteen  in  males  and  twelve  in  females. 

No  peculiar  ceremonies  are  requisite  by  the  common  law 
to  the  valid  celebration  of  the  marriage  rite,  but  it  is  advisa- 
ble that  the  contract  should  be  entered  into  in  the  presence 
of  some  clergyman  or  civil  magistrate.  In  all  cases  be  sure 
to  take  a  certificate  of  the  marriage  :  it  is  of  much  importance 
to  have  that  certificate  in  case  of  necessity. 


No.  75.— Form  of  Marriage 

The  parties  having  joined  hands,  say  :  "  By  this  act  of  join- 
ing hands,  you  do  now  assume  toward  each  other  the  relation 
of  husband  and  wife,  and  do  solemnly  promise,  as  such,  to 
love,  honor,  and  cherish  each  other,  so  long  as  you  both  shall 
live. 

"  1  therefore  pronounce  you  to  be  henceforth  husband  and 
wife." 


No.  76.— Marriage  Certificate. 

State  of  Massachusetts,  ^  1  bo  l^creb^  ffi^ertifg,  that  on 
County  o^  Ffanklin,  >  the  first  day  of  July,  in  the  yeai 
Town  o^  Dcerjield.  )  of  our  Lord  one  thousand  eighi 
hundred  and  fifty,  at  the  house  of  John  Jones,  in  said  town 
John  Uoe,  of  the  city  of  Boston,  in  the  county  of  Suffolk 
and  state  of  Massachusetts,  and  Harriet  E.  Jones,  of  ihc; 
city  aforesaid,  to  me  personally  known  [or  proved  by  the  oath 
of  John  Jones  aforesaid]  to  be  the  ])orsons  described  in  U\\> 


JUDGMENT    NOTE.  97  - 

certificate,  were  by  rne  joined  together  with  their  mutual  con- 
sent in  the  bonds  of  wedlock  ;  and  I  did  first  ascertain  tliat 
the  said  parties  were  of  sufficient  age  to  consent  to  the  same  . 
which  marriage  took  place  in  the  presence  of  John  Smith 
and  John  Stone,  subscribing  witnesses  hereto. 

Witness  my  hand  and  seal,  this^r*^  day  o?  July,  oue  thou- 
sand eight  hundred  and  fifty.  HENRY  HOPE, 

Pastor  of  First     Church  in  Deerfieli. 

Maniage  celebrated  in  )  John  SMrrn, 

presence  of  us,  )  John  Stone.  ^ 


JUDGMENT  NOTE. 

This  note  enables  the  holder,  in  some  of  the  states,  to  enter 
'ip  judgment  thereon  without  suit,  if  it  be  not  paid  when  it 
is  due. 


No.  77.— Form  of  Judgment  Note. 
$1,000.       JTor  Ottlne  rcceiueb,  I  promise  to  pay  to 

Richard  Roe,  or  order,  the  sum  of  one  thousand  dollars, 
ihirty  days  after  date  ;  and  I  hereby  nominate,  constitute,  and 
appoint  the  said  Richard  Roe,  or  any  attorney-at-law  of  this 
state,  my  true  and  lawful  attorney,  iiTevocable,  for  me  and  in 
my  name  to  appear  in  any  court  of  record  of  this  state,  at  any 
time  after  the  above  promissory  note  becomes  due,  and  to 
waive  ail  process  and  service  thereof,  and  to  confess  judg- 
ment in  favor  of  the  holder  hereof  for  the  sum  that  may  be 
due  and  owing  hereon,  with  interest  and  costs,  and  waiving 
i!l  errors,  &c. 

Jn  toitness  tX)l)ercof,  I  have  hereunto  set  my  hand  and 
"al,  at  the  citij  of  Chicago,  in  the  county  of  Cook,  and  state 
■A'  Illinois,  this  first  day  o^  July,  one  thousand  eight  hundred 
^^  fifty.  ^ 

JOHN  DOE  (seal). 
■  * 'a  led  and  delivered  in  the  presence  of  ) 
John  Smith,  J 

John  .Tones.  l 


98  I'KOMISSOUV    NOTES. 


PROMISSORY  NOTES. 

A  promissory  note  is  an  absolute  engagement  in  writing 
to  pay  a  specified  sum  at  a  certain  time  to  a  person  named 
or  to  his  order,  or  to  the  bearer. 

The  signer  «f  the  note  is  called  the  maker  ;  the  one  to 
whom  it  is  ma^  payable,  the  payee  ;  and  he  to  whom  the 
payee  makes  it  payable  by  endorsement,  is  called  the  endor- 
see ;  he  who  endorses  the  note,  the  endorser. 

A  consideration  must  be  given  for  a  note  to  make  it  valid, 
as  between  the  maker  and  payee ;  but  any  one  who  has  given 
value  for  it,  before  it  had  become  due,  and  not  knowing  that 
it  was  originally  made  without  consideration,  can  recover  on 
it  against  all  the  antecedent  parties  to  the  note. 

The  words  "  value  received"  should  be  inserted  in  a  prom- 
issory note,  so  as  to  express  a  consideration  for  the  promise. 

But  he  who  receives  a  promissory  note  for  a  consideratiou 
before  given,  for  instance  as  security  for  a  precedent  debt, 
does  not  give  value  for  it,  and  is  in  no  better  position  than  the 
payee. 

A  negotiable  note  is  one  that  is  transferable  without,  oj 
is  made  transferable  by  endorsement.  A  note  negotiable  by 
the  laws  of  the  state  where  it  is  made  is  negotiable  elsewhere 

The  most  usual  methods  of  drawing  notes  are  on  demand, 
or  at  a  certain  time  after  date  ;  either  payable  only  to  the 
person  natmed,  or  to  his  order,  or  to  bearer,  or  in  a  specified 
commodity.  A  note  payable  to  the  person  named,  where  the 
words,  to  order t  or  to  hearer,  are  omitted,  is  not  negotiable  ; 
if  payable  to  order,  it  is  negotiable  by  the  payee  endorsing  it 
by  writing  his  name  on  the  back  of  the  note,  in  which  case 
tlic  payee  is  liable  to  the  holder  if  it  is  not  paid  by  the 
maker,  provided  he  have  due  notice  thereof.  If  payable  to 
bearer,  the  holder  can  demand  payment  without  endorsing  it. 

Any  payee  who  desires  to  transfer  a  note  by  endorsement, 
without  incurring  any  responsibility,  can  do  so  by  endorsing 


PROMISSORY    NOTES.  99 

tlie  note  in  this  manner :  "  Without  recourse  to  me,  John 
Doe."  If  he  wishes  to  make  it  payable  to  a  third  party  sj)e- 
cially,  he  can  do  so  by  endorsing  it  thus :  "  Pay  the  within  to 
John  Jones,  or  order,  John  Doe  ;"  John  Jones  must  then 
endorse  it  in  order  to  transfer  it  to  another  person. 

A  note  running  thus,  "  I  promise  to  pay,"  and  signed  by 
two  parties  is  joint  and  several,  and  may  be  collected  of  either 
party  ;  if  it  is  desired  to  make  only  a  joint  note,  write  it  thus, 
"  We  jointly  and  not  severally  promise." 

If  a  note  is  made  payable  to  the  order  of  two  or  more  per- 
sons who  are  not  partners,  they  must  each  and  all  endorse  it, 
in  order  to  make  a  valid  transfer. 

A  note  negotiated  after  it  is  due  is  subject  to  any  offset  the 
maker  of  the  note  may  have  against  the  person  to  whom  it  is 
made  payable. 

The  words  "  withouf  defalcation  or  discount,"  must  be  in- 
serted in  notes  in  New  Jersey  and  Pennsylvania.  In  those 
states  a  note  in  which  these  words  are  not  inserted  is  subject 
to  the  same  disabilities  as  a  note  that  is  past  due. 

Promissory  notes  are  entitled,  like  bills  of  exchange,  to 
three  days  of  grace,  and  payment  should  be  demanded  on 
the  last  day  of  grace.  Custom,  and  the  statute  in  some  states, 
make  a  note  falling  due  on  Sunday  payable  the  day  previous. 

Demand  of  payment  should  be  made  of  the  maker  on  the 
day  when  th<*  note  is  due,  and  if  not  paid,  notice  should  be 
immediately  given  to  all  the  endorsers,  if  this  is  not  done  they 
will  be  discha»*ged  from  their  liability. 

If  the  words  '♦  with  interest"  are  omitted  in  a  note,  it  will 
not  draw  interest  before  the  time  at  which  it  is  due.  If  it  is 
not  paid  when  due,  it  will  draw  legal  interest  from  that  time. 
If  the  note  is  payable  on  demand,  it  will  draw  interest  from 
the  time  payment  is  demanded.  If  a  note  is  made  payable 
in  a  specified  commodity  payment  must  be  offered  at  the  time 
required,  otherwise  the  holder  can  demand  its  value  in  money. 
(This  r\i\e  is  equally  applicable  in  all  contracts  for  barter.) 
The  hcrtder  of  a  note  need  not  accept  a  sum  less  tban  the 
whole   amount  due,   but  if  he  does,  he  shoilli^ credit    the 


100  PROMISSORY    NOTES. 

amount  received  on  the  back  of  the  note.  The  ratd  of  in- 
terest allowed  on  money  past  due,  is  the  legal  rate  of  the 
state  in  which  the  paper  is  drawn. 

When  a  note  has  been  lost  it  is  advisable  to  give  the  fact 
all  the  publicity  possible,  so  that  the  public  may  be  prevented 
from  purchasing  it ;  yet  if  it  get  into  the  hands  of  one  who 
paid  vahie  for  it  in  good  faith,  it  must  be  paid,  unless  its  nego- 
tiation has  been  accomplished  by  forgery. 

See  Bills  op  Exchange,  page  40. 


No.  78.— Note  not  Negotiable. 


$610::  New  York,  November  9,  1850. 

Twenty  Days  after  date,  I  promise  to  pay  to 
Martin  W.  Goodman,  Six  Hundred  and  Ten  Dollars, 
value  received.  JOHN  DOE. 

No.  79. — Note  Negotiable  by  Endorsement. 


$250::  New  Orleans,  Sept,  12,  1850. 

Ten  Days  after  date,  I  promise  to  pay  to  the  order 

m 


^  of  John  Jones,    Two  Hundred  and  Fifty      Dollars, 


value  received. 

JOHN  DOE. 


No.  80. — Note  Negotiable  without  Endorsement 


$125.t¥o  Chicago,  July  iOth,  1850. 

Three  months  after  date,  I  promise  to  pay  to 
James  Smith,  or  bearer,  One  Hundred  and  Twenty- 
Five  j^th  Dollars,  value  received. 

JOHN  DOE. 


PKUMISSORY    NOTES.  101 

No.  8L — Joint  Negotiable  Note,  payable  at  a  Bank. 

$200::  Boston,  January  8,  1851. 

Six  -months  after  date,  for  value  received,  we  promise 
to  pay  Hcni-y  Reed,  or  order,  Two  Hundred  Dollars, 
at  the  People's  Ban/cyBoston.         JOHN  DOE, 

RICHARD  ROE. 

No.  82. — Negotiable  Note  payable  in  Merchandise. 

$300::  Philadelphia,  Sept,  12,  1850. 

Sixty  Days  after  date,  for  value  received,  J  promise 
to  pay  without  defalcation,  to  John  Jones,  or  order. 
Three  Hundred  Dollars,  in  merchantable  icheat  at  the 
current  price.  JOHN  DOE. 

i^_ . ; ; . 

"  Without  defalcation"  are  inserted  in  notes  dravrn  in  Pennsylvania  and  New 
Jersey  to  protect  tjjem  when  due  against  any  offset  of  the  maker. 

No.  83. — Negotiable  Note  on  Demand. 

$400:25  ISew  York,  November  4,  1850. 

On  demand,  I  promise  to  pay  to  the  order  of 
Martin  H.  Johnson,  Four  Hundred  y^qIIi  Dollars, 
value  received.  JOHN  DOE. 

No.  84. — Note  on  Demand,  with  Interest  from  date, 
not  Negotiable. 

ffi  S150::  Detroit,  June  10th,  1850. 

f^f,         On  demand,  1  promise  to  pay   to  James   Smith, 

One  Hun<lrcd  and  Fifty  Dollars,  with   interest  from 

date,  value  received. 

JOHN  DOE. 


102  DUE-BILLS ORDERS. 


DUE-BILLS. 


Due-bills  are  general  informal  notes,  or  memoranda,  ac- 
knowledging that  a  certain  amoifnt  is  due  to  the  party  tc 
whom  they  are  given.  They  are  frequently  given  when 
money  or  merchandise  has  been  temporarily  borrowed,  as  an 
evidence  of  the  fact. 


No.  85.— Form  of  Due-EilL 

New  York,  Octoher  20,  1850. 
^VLZ  Richard  Roe,  on  demand,  twenty-five  dollars,  value 
received. 

JOHN  DOE. 

This  form  may  be  varied  in  the  same  manner  as  a  note,  to 
express  time,  amount,  kind  of  payment,  and  who  paid  to. 
The  same  is  also  true  of  orders. 


ORDERS. 

An  order  is  a  written  request  by  one  person  to  another,  to 
do  an  act  for  his  own  benefit  or  accommodation,  or  that  of  a 
third  party.  It  has,  of  course,  no  value,  unless  the  party  to 
whom  it  is  addressed  is  willing  to  perform  the  act  desired. 


No.  86. — Order  for  Money. 

New  York,  November  10,  1850. 
Mr.  Richard  Roe  will  please  pay  to  John  Smith,  or  or- 
der, twenty-five  dollars,  on  demand,  and  charge  the  same  to 
the  account  of 

*    JOHN  DOE 


RECEIPTS.  103 


"Ko   87. — Order  to  sell  Merch^dise. 

Boston,  November  12,  1850. 

Please  lei  Mr.  Thomas  Sharpe  have  such  merchandise 
ns  he  may  select,  to  the  amount  of  one  hundred  d^ollars,  ^nd 
charge  the  same  to  the  account  of 

To  Richard  Roe.  JOHN  DOE. 


No.  88. — Order  to  deliver  Goods. 

Charleston,  November  15,  1850. 
Mr.  Richard  Roe  :   Please  deliver  to  Dunn  Brown,  or 
bearer,  the  package  of  goods  belonging  to  me,  and  oblige 

Yours, 

JOHN  DOE. 


RECEIPTS. 

'  A  receipt  is  not  conclusive  evidence  of  payment,  but  it 
throws  the  burden  of  proof  upon  him  who  attempts  to  im- 
peach it.  For  this  reason,  no  prudent  person  will  part  with 
a  receipt  until  the  pnyment  has  actually  been  made.  They 
may  be  either  in  full  of  all  demands,  for  a  special  account,  in 
part  payment  of  an  account,  or  for  a  special  purpose.  The 
arrangement  of  the  wording  of  a  receipt  is  not  important,  if 
the  object  and  time  be  distinctly  stated  in  it. 

A  general  receipt  in  full  of  all  demands  is  a  discharge  of 
all  debts,  except  special  debts  under  seal. 


No.  89.— Receipt  in  FulL 

Boston,  Juve  15,  1850. 
Received  of  Richard  Roe  ffty-one  dollars,  in  full  of  ali 
demands  up  to  this  date. 

JOHN   UOR. 


104  RECEIPTS. 

Nd.  90. — Receipt  on  Account. 

Boston,  July  1    1850. 
Received  of  Richard  Roe  ten  dollars,  to  apply  on  accourit. 

JOHN  DOE. 


No.  91. — Receipt  for  a  Special  Purpose. 

Received,  Boston,  July  24,  1850,  from  Richard  Roe,  one, 
hundred  dollars,  to  pay  the  account  of  John  Doe  against 
him.  PETER  PEPPER. 


No.  92. — Receipt  when  Money  is  paid  by  a  Third 
Person. 

Boston,  July  25,  1850. 
Received  of  Richard  Roe,  through  Peter  Pepper,  one 
hundred  dollars  in  full  of  all  demands  against  Richard  Roe 
up  to  this  date. 

JOHN  DOE. 


No.  93. — Receipt  of  Interest  to  be  endorsed  on  a 
Bond. 

Received,  August  15,  1850,  from  Richard  Roe,  one  hun- 
dred and  tiventy  dollars,  being  the  semi-annual  inteiest  this 
day  due  on  the  within  bond. 

JOHN  DOE. 


No.  94.— Receipt  in  full  for  a  Special  Account. 

New  York,  October  15,  1850. 
Received   from   Richard  Roe   two   hundred  dollars  and 
twenty-jive  cents,  in  full  of  all  demands  for  printing  to  Octo- 
ber li  1850. 

JOHN  DOE, 


PARTNERSHIP.  *  106 


PARTNERSHIP. 


Partnership  is  a  voluntary  contract  between  two  or  more 
persons,  for  joining  together  their  money,  goods,  labor,  and 
skill,  or  any  or  all  of  them,  for  the  purpose  of  carrying  on  a 
lawful  business,  under  an  understanding  to  participate  in  the 
profits  in  certain  proportions. 

They  whose  names  appear  to  the  world  as  partners  are 
termed  ostensible  partners. 

An  ostensible  partner  who  has  no  interest  in  the  firm  is 
called  a  nominal  partner. 

A  nominal  partner  is  liable  for  all  the  debts  and  contracts 
of  the  firm. 

One  who  has  an-  interest  in  the  firm,  but  whose  name  is  not 
published  to  the  world  as  a  partner,  is  called  a  dormant  or 
silent  partner. 

Any  one  who  permits  his  name  to  be  used  in  a  firm,  or 
who  shares  the  profits  of  the  business,  is  liable  to  the  world 
as  a  partner. 

Each  individual  of  a  firm  is  liable  to  the  whole  amount  of 
the  debts  of  the  concern. 

The  acts  of  one  partner  bind  all  the  others,  when  done  in 
pursuance  of  the  business  of  the  firm,  and  in  the  usual  course 
of  that  business ;  but  any  act  not  required  by  the  nature  of 
the  business  will  not  bind  them. 

There  is  a  contiact  of  partnership  known  as  a  special part- 
nerskip,  consisting  of  one  or  more  persons  called  general 
partners,  who  attend  to  the  carrying  on  of  the  business  of  tlie 
concern  and  are  liable  to  tlie  full  amount  of  the  debts  of  the 
firm,  and  of  one  or  more  persons  called  special  partners,  who 
are  liable  only  to  the  amount  of  the  capital  they  put  into  the 
concern.  These  special  partnerships  are  wholly  regulated  by 
statute,  and  can  only  be  entered  into  by  conforming  strictly 
to  the  statute  regulations  of  the  state  where  the  partnership 


106  PARTNERSHIP. 

is  formed.  The  laws  regulating  the  formation  and  condiict 
of  special  partnerships  are.  so  particular,  that  no  prudent  man 
will  take  any  steps  in  the  formation  of  such  a  partnership 
without  good  legal  advice. 


No.  95. — Article  of  Copartnership. 

Article  of  Qlgreemcnt,  made  the^r^^  dRy,ofJamfari/,m 
the  year  one  thousand  eight  hundred  and  fifty-one,  between 
John  Doe,  of  the  town  of  Wilmington,  in  the  county  y)i  New- 
castle, and  stale  of  Delaware,  of  one  part,  and  Richard  Roe, 
of  the  same  place,  of  the  other  part,  as  follows  : 

The  said  parties  above  named  have  agreed  to  become  co- 
partners in  the  business  of  wholesale  and  retail  dry  goods  aiid 
groceries  merchants,  and  by  these  presents  do  agree  to  be  co- 
])artners  together  under  and  by  the  name  or  firm  of  "Doe 
and  Roe,"  in  the  buying,  selling,  and  vending,  all  sorts  of 
g'>ods,  wares,  and  merchandise,  to  the  said  business  belonging, 
and  to  occupy  the  store  in  the  town  aforesaid  now  occupied  by 
said  Doe,  their  copartnership  to  commence  on  the  frst  day 
of  August  next,  and  to  continueybr  three  years  from  that  day ; 
and  to  that  end  and  purpose  the  said  John  Doe  furnishes 
and  puts  into  the  concern  the  stock  in  his  said  store,  and  two 
thousand  dollars  in  cash,  as  part  of  the  capital  of  the  said 
firm  ;  and  the  said  Richard  Roe  puts  into  the  said  firm  the 
sum  of  five  thousand  dollars  as  his  portion  of  the  common 
stock — all  which  it  is  agreed  is  to  be  used  and  employed  in 
common  between  them,  for  the  support  and  management  of 
the  said  business,  to  their  mutual  benefit  and  advantage. 

And  it  is  agreed,  by  and  between  the  parties  to  these  pres- 
ents, that  at  all  times  during  the  continuance  of  their  copart- 
nership, they  and  each  of  them  will  give  their  attendance,  and 
do  their  and  each  of  their  best  endeavors,  and,  to  the  utmost 
of  their  skill  and  power,  exert  themselves  for  their  joint  in- 
terest, profit,  benefit,  and  advantage,  and  truly  employ,  buy, 
and  sell  merchandise  with  their  joint  stock,  and  the  increase 
thereof,  in  the  business  aforesaid  :  and  also,  that  they  shall 
and  will,  at  all  times  during  the  said  copartnership,  bear,  pay, 
and  discharge  equally  between  them,  all  rents  and  other  ex- 
penses that  may  be  required  for  the  support  and  management 
of  the  said  business;    and  that  all  gains,  profit,  and  increase 


PARTNERSHIP.  107 

that  shall  come,  grow,  or  arise,  from  or  by  means  of  their 
said  business,  shall  be  divided  between  them  equally ;  and 
all  loss  that  shall  ha])pen  to  their  said  joint  business  by  ill 
commodities,  bad  debts,  or  otherwise,  shall  be  borne  and  paid 
between  them  equally. 

And  it  is  agreed,  by  and  between  the  said  parties,  that 
there  shall  be  had  and  kept  at  all  times  during  the  continu- 
ance of  their  copartnership,  perfect,  just,  and  true  books  of 
account,  wherein  each  of  the  said  copartners  shall  enter  and 
set  down,  as  well  all  money  by  them  or  either  of  them  re- 
ceived, paid,  laid  out,  and  expended,  in  and  about  the  said 
business,  as  also  all  goods,  wares,  commodities,  and  merchan- 
dise, by  them  or  either  of  them  bought  or  sold,  by  reason  or 
on  account  of  the  said  business,  and  all  other  matters  and 
things  whatsoever,  to  the  said  business  and  the  management 
thereof  in  any  wise  belonging ;  which  said  books  shall  be 
used  in  common  between  the  said  copartners,  so  that  either 
of  them  may  have  access  thereto,  without  any  inteiTuption  or 
ninderance  of  the  other.  And  also,  the  said  copartners,  oiice 
in  each  and  every  year^  that  is  to  say,  on  the^r*^  day  of  Au- 
gust in  each  year,  or  oftener  if  necessary,  shall  make,  yield, 
and  reinler,  each  to  the  other,  a  true,  just,  and  perfect  inven- 
tory and  account  of  ail  profits  and  increase  by  them,  or  either 
of  them,  made,  and  of  all  losses  by  them,  or  either  of  them, 
sustained  ;  and  also  of  all  payments,  receipts,  disbursements, 
and  of  all  other  things  by  them  made,  received,  disbursed, 
acted,  done,  or  suffered,  in  their  said  copartnership  and  busi- 
ness ;  and  the  same  account  so  made,  shall  and  will  clear, . 
adjust,  pay,  and  deliver,  each  to  the  other,  at  the  time,  their 
just  share  of  the  profits  so  made  as  aforesaid. 

And  the  said  parlies  hereby  mutually  covenant  and  agree, 
to  and  with  each  other,  that  during  the  continuance  of  the 
said  copartnership,  neither  ot  them  shall  nor  will  endorse  any 
note,  or  otherwise  become  surety  f(jr  any  ])erson  or  persons 
whomsoever,  witliout  the  consent  of  the  other  of  the  said  co- 
partners. And  at  the  end  or  other  sooner  determination  of 
their  cf»pai-tnership,  the  said  copartners,  each  to  the  other, 
shall  and  will  make  a  true,  just,  and  final  account  of  all  things 
relating  to  their  snid.  business,  and  in  all  things  truly  adjust 
the  same;  and  all  and  every  the  stock  and  stocks,  as  well  a?. 
the  gains  and  increase  thereof,  which  shall  aj)pear  to  be  re- 
maining, either  in  money,  goods,  wares,  fixtures,  debts,  or 
othcrwuie,  shall  be  divided  between  them. 


s-hL 


108  PARTNERSHIP. 

Jn  lJjitlU03  Vy\)CXC0{^  the  parties  to  these  presents  have 
hereunto  set  theh'  hands  and  seals  the  day  and  year  first  above 
written. 
Signed,  sealed,  and  deliv- ") 

ered,  in  presence  of        I         JOHN  DOE  (seal). 
Peter  Penny,  f        RICHARD  ROE  (seal). 

Hiram  Jacobs.  \ 


No.  96. — Renewal  of  Partnership,  to  be  endorsed 
on  the  Article. 

Jfltdsnilicl)  as  the  partnership  formed  between  the  subscri- 
bers by  the  within  agreement  will  expire  on  the  Jiist  day  of 
August  next,  It  is  hereby  agreed  that  the  same  be  contin- 
ued, upon  the  same  terms  in  every  respect  as  is  within  men- 
tioned, for  the  further  term  of  three  years  from  the  said  first 
day  of  August  next. 

tXJitncSS  our  hands  and  seals,  this  Jlrst  day  of  July,  one 
thousand  eight  hundred  and  fifty-four.  J.  D. 

R.  R. 


No.  97. — Agreement  to  Dissolve  a  Partnership,  to 
be  endorsed  on  the  Article. 

to^t  tl}e  Httbctsigneb,  do  mutually  agi'ee  that  the  part- 
nership farmed  between  us  by  the  within  article  be  and  the 
same  is  hereby  dissolved,  except  for  the  purpose  of  the  final 
liquidation  and  settlement  of  the  business  thereof;  and  upon 
such  settlement,  then  wholly  to  determhie.* 

tOitn^SS  our  hands,  &c.  \as  in  No.  96]. 

*  The  agreement  to  dissolve  should  state  whether  one  or  all  the  partners  are 
authorized  to  sign  the  name  of  the  firm  in  the  liquidation  and  settlement  of  its 
business  ;  and  if  less  than  the  whole,  the  name  or  names  of  those  who  may  do 
^o.  See  form  of  Assignment  by  one  partner  to  another,  page  36,  which  can  be 
used  for  a  dissolution. 


POWER    OP     ATTORNEY.  1 0*J 


POWER  OF  ATTORNEY. 

A  power  of  attorney  is  an  instrument  in  writing  whereby 
one  person  delegates  to  another  authority  to  do  any  act  for 
him,  with  the  same  binding  effect  as  though  it  were  done  by 
the  principal. 

Every  person  who  has  power,  in  his  own  right,  to  do  any 
act,  may  delegate  the  power  to  do  that  act  to  any  other  per- 
son ;  but  an  attorney  can  not  substitute  another  in  his  place 
unless  express  authority  is  given  him  to  do  so. 

Every  person  intrusted  with  discretionary  power  in  respect 
to  the  business  of  another,  should  perform  the  duties  himself; 
for,  generally  speaking,  he  can  not  give  to  another  authority 
to  exercise  those  discretionary  powers. 

The  authority  of  an  attorney  ceases  when  withdrawn  by 
his  principal ;  but  when  the  attorney  has  an  interest  in  the 
execution  of  the  power,  it  is  then  irrevocable. 

The  revocation  of  a  power  of  attorney  takes  effect  as  to 
third  persons  from  the  time  they  have  notice  of  it. 

Powers  of  attorney,  to  be  used  in  a  foreign  country,  should 
bo  acknowledged  before  a  notary  public,  and  the  signature 
of  the  notary  certified  by  the  consul  of  the  government  to 
which  the  power  of  attorney  is  to  be  sent. 

When  intended  to  be  used  in  another  state,  they  should  be 
duly  proved  or  acknowledged  according  to  the  laws  of  the 
state  where  tliey  are  executed. 


No.  98. — General  Power  of  Attorney. 
KnotD  all  ilUn  bp  tl)cse  Presents,  that  I,  John  Dor, 

of  the  city  of  St.  Augmtine,  in  the  county  of  St.  John's,  aiid 
state  of  Florida,  have  made,  constituted,  and  appointed,  and 
by  these  presents  do  make,  constitute,  and  ap[)oint  Richard 
UoE,  of  the  same  j)lace,  my  true  and  lawful  attorney  for  me 
Olid  in  my  name,  pla^e,  and  stead,*  to  [here  insert  the  things 

10 


110  POWER    OF    ATTORNEY. 

which  the  attorrtey  is  t»  (lo\ ;  giving  and  grantingt  unto  ni}'' 
said  attorney  full  power  and  authority  to  do  and  perform  all 
and  every  act  and  thing  whatsoever  requisite  and  necessary 
to  be  done  in  and  about  the  premises,  as  fully,  to  all  intents 
and  purposes,  as  1  might  or  could  do  if  personally  present, 
with  full  power  of  substitution  and  revocation,  hereby  ratify- 
ing and  confirming  all  that  my  said  attorney  or  his  substitute 
shall  lawfully  do  or  cause  to  be  done  by  virtue  hereof. 

%\\  witneS0   toljereof,   I  have  hereunto  set  my  hand  and 
seal,  this  Jirst  day  of  Afrilt  one  thousand  eight  hundred  and 

ffty- 

JOHN  DOE  (seal) 

Sealed  and  delivered  in  the  presence  of  ^ 
John  Jones,  > 

John  Smith.  \ 


No.  99. — General  Customhpuse  Power.    - 

Knoto  all  ilTen  bji  tl)esc  JJrescnts,  that  T,  John  Doe, 

of  the  city  of  New  Orleans,  in  the  parish  of  Orleans,  and  state 
of  Louisiana,  have  made,  constituted,  and  appointed,  and  by 
these  presents  do  make,  constitute,  and  appoint  Richard  Roe, 
of  the  sa7ne  place,  my  true  and  lawful  attorney,  for  me  and  in 
my  name,  to  receive  and  enter  at  the  customhouse  of  the  dis- 
trict of  New  Orleans,  any  goods,  wares,  or  merchandise,  im- 
ported by  me  or  which  may  hereafter  arrive,  consigned  to 
me ;  to  sign  my  name,  to  seal  and  deliver  for  me,  and  as  my 
act  and  deed,  any  bond  or  bonds  which  may  be  required  by 
the  collector  of  the  said  district,  for  securing  the  duties  on 
any  such  goods,  wares,  or  merchandise  :  Also,  to  sign  ray 
name  to,  seal,  and  deliver  for  me,  and  as  my  act  and  deed, 
any  bond  or  bonds  requisite  for  obtaining  the  debenture  on 
any  goods,  wares,  or  merchandise,  when  exported,  and  gen- 
erally to  transact  all  business  at  the  said  customhouse  in  which 
I  am  or  may  hereafter  be  interested  or  concerned,  as  fully  as 
I  could  if  23er8onally  present.  And  I  hereby  declare,  that  all 
bonds  signed  and  executed  by  my  said  attorney  shall  be  as 
obligatory  on  me  as  those  signed  by  myself;  and  this  power 
shall  remain  in  full  force  until  revoked  by  wiitten  notice 
given  to  said  collector. 

Mn  taitncss  ujlicrcof,  &<*•  {as  in  No.  98], 


POWER    OF    ATTOUNEY.  Ill 

No.  100.— Power  to  transfer  Stocli. 

dnooj  all  iltcn  hx)  tl)C6c  presents,  that  I,  John  Doe 
t .  the  toivn  of  Raleigh,  in  the  county  of'  '\Valcc,  and  state  of 
Uu^rth  Carolina,  do  hereby  make,  constitute,  and  appoint 
RiCHARi)  Roe,  of  the  same  place,  my  true  and  lawful  attorney, 
for  me  and  in  my  name,  to  sell,  transfer,  and  assign,  all  stocK 
of  the  Greenville  and  Roanoke  Railroad  Company  standing 
in  my  name  on  the  books  of  the  said  company ;  with  power 
also,  an  attorney  or  attorneys  under  him  for  that  purpose,  to 
make  and  substitute  with  like  power,  and  to  do  all  lawful  acts 
requisite  for  effecting  the  premises  ;  heieby  ratifying  and  con- 
firming all  that  my  said  attorney  or  his  substitute  or  substi- 
tutes shall  do  therein  by  virtue  of  these  presents. 

Hn  toitncss  tDl)ereof,  &c.  [as  in  No.  9S]. 

Acknowledgmejit  of  the  foregoing* 

State  of  North  Carolina,  ) 

County  of   Wake,       )  **' 

lie  it  knoron,  that  on  the  tldrd  day  of  Septemhcr,  in  fhe 
year  one  thousand  eight  hundred  ?l\\A  fifty,  before  me  person- 
ally came  John  Doe,  to  me  known  to  he  the  person  described 
in,  and  who  executed  the  foregoing  letter  or  power  of  attor- 
ney, and  acknowledged  the  above  letter  of  attorney  to  be  his 
act  and  deed. 

Ju  testimong  tnljereof,  I  have  hereunto  set  my  hand,  and 
affixed  my  seal  of  office,  the  day  and  year  last  above  written. 

JOHN  JONES, 

(Seal  of  office.)  Notary  Public. 


No.  101.— Proxy,  or  Power  to  Vote  at  Election  of 
Directors. 
HnotD  all  illcn  bti  tl)ese  Presents,  that  I,  John  Doe. 

K)(  ih<', .town  of  Concord,  in  the  c(»unty  oi  Merrimack,  and  state 
of  New  Hampshire,  do  hereby  constitute  and  appoint  Rich- 
ard Roe,  of  the  same  place,  my  true  and  lawful  attorney  and. 
agent,  for  mo  and  in  my  name,  place,  and  stead,  to  vote  aa 
my  proxy  at  any  election  of  directors  of  the  Merrimack 
County  Bank,  according  to  Mm  mnnlxjr  of  votes  I  should  be 
entitled  to  vole  if  then  personally  present. 

3n  toitness  t»l)crccf,  &c.  \ax  in  No.  OS]. 


112  POWER    OP    ATTORNEY. 

Oath  or  Affirmation  to  the  foregoing. 

I  do  swear  \or  affirm^  that  tlie  shares  on  which  my  attorney 
and  agent  in  the  above  proxy  is  authorized  to  vote,  do  not 
sbelong,  and  are  not  hypothecated  to  the  said  Merrimack 
County  Bank,  and  that  they  are  not  hypothecated  or  pledged 
to  any  other  corporation  or  person  whatever ;  that  such  shares 
have  not  been  transferred  to  me  for  the  purpose  of  enabling 
me  to  vote  thereon  at  the  ensuing  election,  and  that  I  have  not 
contracted  to  sell  or  transfer  them  upon  any  condition,  agree- 
ment, or  understanding,  in  relation  to  my  manner  of  voting' 
at  the  said  election, 

JOHN  DOE  (seal). 

Sworn  [or  affirmed]  this  second  day  of  Octoher,  A.  D.  1850, 
before  me,  John  Richter,  Justice  of  the  Peace. 


No.  102.— Power  to  Collect  Debts. 

KnotD  all  illen^  &c.  [as  in  No.  9S  to  the  *  ]^to  demand, 
ask,  sue  for,  collect,  and  receive,  all  sums  of  money,  debts, 
rents,  dues,  accounts,  and  other  demands  of  every  kind,  na- 
ture, and  desciiption  whatever,  which  are  due,  owing,  or 
payable  to  me  from  any  person  or  persons  whomsoever,  and 
to  give  good  and  sufficient  receipts,  acquittances,  and  dis- 
charges therefor ;  gwng  and  granting,  &c.  [as  in  No.  ^^from 
the  t  to  the  end].^ 


No.  103. — Power  to  Sell  and  Convey  Real  Estate. 

HnotD  all  ilTen,  &c  [as  in  No.  98  to  the  *  ] — to  enter  into 
and  take  possession  of  all  the  real  estate  belonging  to  me,  sit- 
uate in  the  town  of  Rutland,  in  the  county  of  Rutland,  and 
state  of  Vermont,  and  to  bargain,  sell,  grant,  convey,  and  con- 
firm, the  whole  or  any  part  thereof,  for  such  price  or  sum  of 
money  or  on  such  terms  as  he  may  think  best,  and  for  me  and 
•in  my  name  to  make,  execute,  acknowledge,  and  deliver,  unto 
the  purchaser  or  purchasers  thereof,  good  and  sufficient  con- 
veyances, with  warranty,  of  the  same ;  and  to  demand,  re- 
ceive, and  collect,  all  sums  of  money  which  shall  become  due 
and  payable  to  me  by  reason  of  such  sale  or  sales ;  giving 
and  granting,  &c.  [as  in  No.  ^S  from  the  t  to  the  end]. 


POWER    OF    ATTOKKEY.  113  ' 

No.  104. — Substitution  to  be  endorsed  on  the 
Power  of  Attorney.* 

UnotD  all  ^cn  h'o  tljesc  presents,  that  I,  John  Doe, 
of  the  cit!/  of  Louisville,  in  the  county  oi  Jefferson,  and  state  ' 
of  Kentitcky,  by  virtue  of  the  authority  to  me  given  by  the 
within  poveer  of  attorney,  do  substitute  Richard  Roe,  of  the 
town  of  Franlifort,  in  the  county  of  Franklin,  and  state  of 
Kcntitcky,  as  attorney  in  my  stead,  to  do,  perform,  and  exe- 
cute, every  act  and  thing  which  I  might  or  could  do  by  virtue 
of  the  within  power  of  attorney ;  hereby  ratifying  and  con- 
finning  all  that  the  said  substitute  may  do  in  the  promisee  by 
virtue  hereof  and  of  the  within  power  of  attorney. 

Jn  tuitness  tDl)ereof,  &c.  [as  in  No.  98]. 


No.  105.— Revocation  of  Power  of  Attorney. 

tDl)Crea0  J^  John  Doe,  of  the  town  of  Little  Rock,  in  the 
county  of  Pulaski,  and  state  of  Arkansas,  by  my  certain 
power  of  attorney,  bearing  date  the  Jifth  day  of  July,  in  the 
year  one  thousand  eight  hundred  •A\u\Jifty,  did  appoint  Rich- 
ard Roe,  of  the  same  place,  my  true  and  lawful  attorney,  for 
me  and  in  my  name,  to  [here  set  out  what  he  was  authorized 
to  do,  using  ike  precise  language  of  the  power  of  attorney 
originally  given  him\,  as  by  the  said  power  of  attorney,  ref- 
«'rence  thereunto  being  had,  will  mure  fully  appear : 

®!)erefore,  knotn  all  SXitx\,  by  tl)cse  Presents,  that  I, 

John  Doe  aforesaid,  have  countermanded  and  revoked,  and 
by  these  presents  do  countermand  and  revoke  the  said  power 
of  attorney  and  all  power  and  autliority  thereby  given  to  the 
said  Richard  Roe. 

Jn  initncSS  Wlljcreof,  I  have, hereunto  set  my  hand  and 
seal,  this  ffth  day  of  December,  one  thousand  eight  hundred 
an<l  fifty. 

JOHTT  doe  (seal). 
Scaled  and  delivered  in  the  presence  of 

JoHxN  Smith, 

Petcr  Jones. 

•  Tliii  power  of  pubstitution  can  only  be  n«ed  when  the  nttomey  has  had  tlio 
'it  exprcaely  granted  to  bim  in  hi»  appointment  by  the  principal. 

10« 


114  UEl.KASES. 


RELEASES. 

A  release  is  a  written  instrument,  under  seal,  whereby  one 
man  discharges  another,  either  from  all  claims  and  demands, 
or  from  certain  demands  specified  therein. 

A  covenant  not  to  sue  one  of  two  joint  obligors  will  not 
release  the  other,  and  may  be  pleaded  by  the  one  to  whom  it 
is  given  in  bar  to  an  action. 

A  release  of  one  of  several  joint  debtors  releases  ai,l. 


No.  106.— Form  of  Release. 

linoQ)  ail  ilUn  b^  tl)cse  PrcstMits,  that  I,  John  Doe, 
of  the  city  of  Natchez,  hi  the  county  of  Adams,  and  state  of 
Mississippi,  in  consideration  o'i  forty  dollars  to  me  in  hand 
paid  by  Richard  Roe,  of  the  same  place,  have  released  and 
for  ever  discharged,  and  hereby,  for  myself,  my  heirs,  execu- 
tors, and  administrators,  do  release  and  for  ever  discharge  the 
said  Richard  Roe,  his  heirs,  executors,  and  administrators, 
from  all  claim,  demand,  and  cause  of  action,  which  I  now 
have  or  may  hereafier  have  against  the  said  Richard  Roe  by 
reason  of  any  contract  which  he  may  have  entered  into  with 
me  for  the  purchase  of  lumber. 

In  ujitncs0  tulj^reof,  &c.  \as  in  No.  9Sj. 


No.  107. — General  Release  of  every  Demand. 

^o  all  t0  tDljom  tl)e0e  presents  sl)all  come,  or  may 
concern,  Greeting  :  Kno\%  ve,  that  1,  John  Doe,  of  the  town 
of  Montpelier,  in  the  county  of  Washington,  and  state  of  Ver- 
?nont,  for  and  in  consideration  of  the  sum  o^  one  hundred  dol- 
lars, lawful  money  of  the  United  States,  to  me  in  hand  paid 
by  Richard  Roe,  of  the  same  place,  have  remised,  released, 
aud  ibr  ever  discharged,  and  by  these  presents  do,  for  myself, 
my  heirs,  executors,  and  administrators,  remise,  release,  and 
for  ever  discharge  the  said  Richard  Roe,  his  heirs,  execu- 
tors, and  administrators,  of  and  from  all,  and  all  manner  of 
action  and  actions,  cause  and  causes  of  action,  suits,  debts, 


RELEASES.  i 15 

dues,  sums  of  money,  accounts,  reckonings,  bonds,  bills,  spe- 
cialties, covenants,  contracts,  controversies,  agreements,  prom- 
ises, variances,  trespasses,  damages,  judgments,  extents,  exe- 
cutions, claims,  and  demands  whatsoever,  in  law  or  in  equity^ 
which  agauist  the  said  Richard  Roe  I  ever  had,  now  liave, 
or  which  my  heirs,  executors,  or  administrators,  hereafter  can, 
shall,  or  may  have,  for,  upon,  or  by  reason  of,  any  matter, 
cause,  or  thing  whatsoever,  from  the  beginning  of  the  world 
^o  the  day  of  tlie  date  of  these  presents. 

JJn  tuilness  tDl)creof,  &c.  [as  in  No.  98]. 


No.  108.— Release  of  part  of  Mortgaged  Premises. 

(2ri)is  JnbentntC,  made  this^r*^  day  of  AprH,  in  the  y9ar 
one  thousand  eight  hundred  and  fifty,  between  .Tohn  Dok, 
of  the  town  of  Harrisburgh,  in  the  county  of  Dauphin,  and 
state  o^  Pennsylvania,  of  the  first  part,  and  RrcHARD  Roe,  of 
the  same  place,  of  the  second  part : 

CDIjCTCas,  Richard  Roe  aforesaid,  by  indenture  of  mort- 
gage, bearing  date  the  first  day  of  January,  one  thousand 
eight  hundred  and  forty-five,  for  the  consideration  therein 
mentioned,  and  to  secure  the  payment  of  the  money  therein 
specified,  did  convey  certain  lands  and  tenements,  of  which 
the  lands  hereinafter  described  are  part,  unto  .John  Doe  afore- 
said ;  and  whereas,  the  said  party  of  the  first  part,  at  the  re- 
quest of  the. said  party  of  the  second  part,' has  agreed  to  give 
up  and  surrender  the  lands  hereinafter  described  unto  the 
said  party  ot  the  second  part,  and  to  hold  and  retain  the 
residue  of  the  mortgaged  lands  as  security  for  the  money 
remaining  due  on  the  said  mortgage  : 

^^OtD  tl)is  JJubenturc  toitncssctl).  that  the  said  party  of 
tlio  first  j>art,  in  pnrsuancc  of  the  sftid  agreement,  and  in  con- 
sideration uXfour  hundred  dollars,  lawful  money  of  the  United 
States,  to  him  duly  paid  at  the  time  of  the  ensealing  and  de- 
livery of  these  presents,  the  receipt  whereof  is  herel»y  ac- 
knowledged, hath  granted,  released,  quit-i;laimed,  and  set 
over,  and  by  these  presents  doth  grant,  release,  qult-c^aim, 
and  set  o\er,  unto  the  said  party  of  the  second  part  all  that 
part  of  the  said  mortgaged  lands  [here  descrihe  the  mortgaged 
.j>remises  intended  to  he  released  from  the  lien  of  the  7nort- 
gage\,  together  with  the  hereditaments  and   appurtenances 


110  RELEASES. 

thereto  belonging;  and  all  the  right,  title,  and  interest,  of  the 
said  party  of  ihe  first  part,  of,  in,  and  to  the  same,  to  the  in- 
tent that  the  lands  hereby  conveyed  may  be  discharged  from 
the  said  mortgage,  and  that  the  rest  of  the  lands  in  the  said 
mortgage  specified  may  remain  to  the  said  party  of  the  first 
part,  as  heretofore,  ^o  [)avc  aitb  tO  I)olu  the  lands  and 
premises  hereby  released  and  conveyed  to  the  said  party  of 
the  second  part,  his  heirs  and  assigns,  to  his  and  their  only 
proper  use,  benefit,  and  behoof,  for  ever,  free,  clear,  and  dis- 
charged of.  and  from  all  lien  and  claim,  under  and  by  virtue 
of  the  indenture  of  mortgage  aforesaid. 

Jn  roitneas  toljcrcof,  &c.  [as  in  No.  63]. 


The  following  is  the  form  to  be  used  for  the  purpose  of 
discharging  a  mortgage  that  has  been  fully  paid.-  It  should 
be  acknowledged  before  the  proper  officer,  in  order  that  the 
mortgage  may  be  cancelled  of  record : — 

No.  109. — Satisfaction  of  Mortgage.  ' 

S,  John  Doe,  of  the  town  of  Columbus,  in  the  county  of 
Franklin,  and  state  of  Ohio,  ho  Ijerebg  CCrtifg^  that  a  cer- 
tain mortgage,  bearing  date  the  tenth  day  of  December,  one 
thousand  eight  hundred  and  forty-seven,  made  and  executed 
by  Richard  Roe,  of  the  city  of  Cincinnati,  in  the  county  of 
Hamilton,  and  state  of  Ohio,  to  me,  to  secure  the  sum  of 
three  thousand  dollars,  and  recorded  in  the  office  of  the  clerk 
of  the  county  of  Hamilton  aforesaid,  in  liber  thirty  of  mort- 
gages, page  610,  on  the  fifteenth  day  of  December  aforesaid, 
is  paid. 

Dated  the  t^nth  -lay  of  December,  one  thousand  eight  hun- 
dred and  fifty.  JOHN  DOE. 

AcTcnowle dement  of  the  foregoing. 

State  of  Ohio,  I 

County  of  Hamilton,  ) 

On  the  tenth  day  oi  December,  one  thousand  eight  hundred 
m\A  fifty,  before  me  came  John  Doe,  to  me  known  to  be  the 
individual  described  in,  and  who  executed  the  above  certificate, 
and  acknowledged  that  he  executed  the  same. 

JOHN  SMITH,  Justice  o'-  the  Peace. 


m 


RELEASES.  117 

No.  110. — Satisfaction  of  Mortgage  to  be  executed 
by  a  Corporation. 

jT,  John  Doe,  President  of  the  Northwestern  Life  Insu- 
rance Company,  of  the  city  of  New  York,  a  body  corporate. 
5o  I]ercbn  CCrtifn,  that  a  certain  mortgage,  bearing  date  the 
tenth  day  of  June,  in  the  year  one  thousand  eight  hundred 
wdi  forty-eight,  made  and  executed  by  Richard  Roe,  of  the 

wn  of  Jamaica,  in  the  county  of  Queens,  and  state  of  New 

ork,  to  the  said  corporation,  and  recorded  in  the  office  of 
the  clerk  of  the  county  of  Queens,  in  liber  twenty  of  mort- 
gages, page  425,  on  the  sixteenth  day  of  June,  one  thousand, 
eight  hundred  and  forty-eight,  is  paid. 

3n  tnitnCSS  toljer^of,  the  seal  of  the  said  corporation  is 
hereunto  affixed,  this  tenth  day  of  June,  in  the  year  one  thou- 
sand eight  hundred  and  fifty. 

JOHN  DOE,  President  (corporate  seal). 

Witnessed  by  John  Smith/  Secretary. 

Acknowledgment  of  the  foregoing. 

State  oi  New  York,  ) 

City  and  County  of  New  York,  ) 

On  the  tenth  day  of  June,  in  the  year  one  thousand  eight 
hundred  and  fifty,  before  me  came  John  Doe,  with  whom  I 
am  personally  acquainted,  and  known  to  me  to  be  the  presi- 
dent of  the  above-named  corporation,  who  being  by  me  duly 
sworn,  says  that  he  resides  at  No.  ten  Cliff  street,  in  the  said 
city  ;  that  the  seal  which  is  affixed  to  the  above  certificate  is 
the  corporate  seal  of  the  said  coi'poration,  and  was  so  affixed 
by  their  authority. 

JOHN  JONES,  Commissioner  of  Deeds. 


lis  WILLS. 


WILLS. 


The  following  forms  of  wills  are  inserted  for  the  benefit  of 
those  who  may  be  unexpectedly  called  to  draw  up  a  will 
without  being  able  to  procure  good  legal  advice. 

It  is  of  the  utmost  importance  that  the  property  bequeathed 
and  the  conditions  and  intentions  of  the  bequest  be  distinctly 
'defined,  for  wills  are  generally  construed  according  to  the 
strict  letter  of  the  instrument. 

Whenever  good  legal  advice  can  be  obtained,  it  is  advisa- 
ble to  procure  it ;  for  the  statute  regulations  respecting  wills 
and  devises  are  so  minute  and  important,  yet  varied  in  every 
state,  that  there  is  danger  of  'coming  in  confiiict  with  some 
statute  provision  in  attempting  to  make  a  will  without  advice. 

The  person  making  his  will  must  be  of  sound  mind,  must 
act  freely  and  voluntarily,  and  with  a  deliberate  intention  of 
making  his  will.  He  may,  of  course,  revoke  his  will  by  any 
act  which  evidences  such  an  intention. 

Generally,  infants  and  married  women  can  not  make  a 
will,  but  in  some  of  the  states  they  are  empowered  to  do  so 
by  statute. 

By  common  law,  marriage  and  the  birth  of  a  child  subse- 
quent to  the  making  of  a  will  in  which  no  provision  is  made 
for  such  an  event,  will  be  considered  a  revocation  of  the  will  ; 
at  least  it  can  not  bar  the  rights  of  the  wife,  and  the  child  so 
born,  from  an  interest  in  the  estate.  The  will  of  an  unmar- 
ried woman  is  in  many  states  revoked  by  her  subsequent 
marriage. 

A  bequest  to  a  wife  will  not  take  away  her  right  of  dower, 
unless  it  be  clearly  inconsistent  with  such  right,  or  it  be  ex- 
pressly stated  that  it  is  in  lieu  of  such  right. 

A  codicil  is  something  in  addition  to  a  will,  and  should  be 
executed  in  the  same  manner  as  the  will.  It  may  consist  of 
a  further  bequest,  or  of  a  revocation,  in  part,  of  the  will. 


WILLS.  119 

A  bequest  to  a  person  witnessing  a  will  is  void,  though  all 
the  rest  of  the  will  is  valid.  Coercion  and  undue  influence, 
when  exercised  upon  a  testator,  will  invalidate  the  will. 

As  to  the  form  of  attestation  of  wills,  see  the  directions  \m- 
der  head  of  wills  in  the  respective  states,  and  page  163. 


No.  111.— Short  Form  of  Will. 
Jn  the  Name  of  (5ob,  Qlmen.    I,  John  Doe,  of  the 

toirn  of  Middletown,  in  the  county  of  Middlesex,  and  state  of 
Connecticut,  being  of  sound  mind  and  memory,  and  consider- 
ing the  uncertainty  of  this  frail  and  transitory  life^  do  there- 
fore make,  ordain,  publish,  and  declare,  this  to  be  my  last 
toil!  and  (iTestrtmcnt :  Tliat  is  to  say,  First,  after  all  my 
lawful  debts  are  paid  and  discharged,  the  residue  of  my  estate, 
real  and  personal,  I  give,  bequeath,  and  dispose  of,  as  follows, 
to  wil :  [To  my  beloved  wife,  the  land  and  appurtenances  sit- 
uated thereon,  known  and  described  as  the  Wells  farm,  lying 
in  ihe  town  of  Middletown,  in  the  county  of  Middlesex,  and 
state  of  Connecticut,  together  with  ten  shares  of  the  capital 
stock  of  the  MiddJetoicn  Bank,  now  possessed  by  me,  during 
the  term  of  her  naturallife  ;  and  after  her  death,  to  be  divided 
equally  among  my  heirs  :  To  my  son  George  the  farm  situ- 
ated and  lying  on  the  highway  between  Middletown  and  Hart- 
ford, known  as  the  Wilcox  farm  ;  also  all  the  right  and  title 
I  now  have  or  may  have  in  the  axe-factory  situated  on  what 
is  commoidy  known  as  the  Millpond,  together  \\nth  the  ma- 
chinery connected  therewith  :  To  the  American  Bible  Society, 
instituted  in  the  city  of  New  York  in  the  year  one  thousand 
eight  hundred  and  sixteen,  the  sum  of  five  bundled  dollars  : 
I  give,  be<|ueath,  and  devise,  all  the  rest,  residue,  and  remain- 
•ler  of  my  real  and  personal  estate,  to  my,  child  now  living,  or 
to  my  children,  or  their  heirs,  who  may  be  living  at  the  timo 
of  my  decease,  to  be  divided  equally  between  them,  share 
and  share  alike.]  • 

Likewise  I  make,  oonstitute,  and  appoint,  my  said  son 
Geokgk,  and.  my  hrothers  Willl\m  and  James  Doe,  to  bo 
executors  of  this  my  last  will  and  testament,  hereby  revoking 
all  former  wills  by  me  made, 

3n    tDltncQS    t»l]Crcof,    1    l»ave    hereunto   Kubscribcd   ny 


120  WILLS. 

name,  and  affixed  my  seal,  the  tliird  day  of  April,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  d^ndijifty. 

JOHN  DOE  (seal). 
The  above-written  instrument  was  subscribed  by  the  said 
John  Doe  in  our  presence,  and  acknowledged  by  him  to  each 
of  us  :  and  he  at  the  same  time  published  and  declared  the 
above  instrument  so  subscribed  to  be  his  last  will  and  testa- 
ment ;  and  we,  at  the  testator's  request,  and  in  his  presence, 
have  signed  our  names  as  witnesses  hereto,  and  written  oppo- 
site our  names  our  respective  places  of  residence. 

RICHARD  ROE,  Middletown,  Middlesex  Co.,  Ct 
JOHN  SMITH,  Middletown,  Middlesex  Co.,  Ct 
JOHN  JONES,  Portland,  Middlesex  Co.,  Ct. 


Wo.  112.— Codicil  to  a  Will. 

tol)CreaS  J,  John  Doe,  of  the  town  o^  Middletown,  in  the 
county  of  Middlesex,  and  state  of  Connecticut,  have  made  my 
last -will  and  testament  in  writing,  bearing  date  the  third  day 
o^  April,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  jifty,  in  and  by  which  I  have  given  and  bequeathed  to 
the  American  'Bible* Society ,  instituted  in  the  city  of  New 
York  in  the  year  one  thousand  eight  hundred  and  sixteen, 
the  sum  of  five  hundred  dollars  : 

NotXi,  tl)^rcfot0^  I  do,  by  this  my  writing,  which  I  hereby 
declare  to  be  a  codicil  to  my  said  last  will  and  testament,  and 
to  be  taken  as  a  part  thereof,  order  and  declare  that  my  will 
is,  that  only  the  sura  of  two  hundred  and  fifty  dollars  shall  be 
paid  to  the  said  American  Bible  Society,  as  the  full  amount 
bequeathed  to  the  said  society,  and  that  the  residue  of  the 
said  legacy  be  given  to  the  person  who  shall  be  acting  as 
treasurer  at  the  time  of  my  decease,  of  the  Young  Men*s 
Library,  located  in  the  town  of  Middletown,  to  be  expended 
by  the  society  in  the  purchase  of  books  for  the  said  library: 
and  lastly,  it  is  my.desire  that  this  codicil  be  annexed  to  and 
made  a  part  of  my  last  will  and  testament  as  aforesaid,  to  all 
intents  and  purp(jse.s. 

Jn  witness  t0l)Cr£0f,  &c.  [as  in  No.  111). 


121 


No.  113.— Form  of  Will,  in  which  the  Testator 
devises  all  his  Property  to  Trustees  for  certain 
Purposes. 

®l)e  last  toill  of  iHe,  John  Smith,  of  the  town  of  Co- 
lumbia,  m  the  district  of  RicMand,  and  state  of  South  Caro- 
lina, being  of  sound  mind  at  the  time  of  making  and  publishing 
this  my  last  will  and  testament,  I  give  and  devise  all  my  estate, 
real  and  personal,  v/hereof  I  may  die  seized  or  possessed,  to 
John  Doe,  of  the  said  town  of  Colwnhia,  and  Richard  Roe, 
of  the  same  place,  gentlemen  :  gTo  l]atJe  a\\^  tO  l)Ol^  the 
same  to  themselves,  their  heirs  and  assigns  for  ever,  upon  the 
uses  and  trusts  following,  namely:  In  trust  to  pay  all  my 
debts  and  funeral  expenses :  [secondly,  to  pay  to  my  wife 
Jane,  upon  her  sole  and  separate  receipts,  the  interest,  in- 
come, and  revenue,  of  all  my  said  estate,  during  the  term  of 
her  natural  life  :  and  thirdly,  upon  the  decease  of  my  said 
wife,  to  convert  all  my  said  estate  into  money,  if  such  a  course 
shall  be  thought  best  by  my  said  trustees,  and  pay  to  my 
daughter  Jane  the  one  third  part  thereof,  it  seeming  to  me 
best  to  give  her  so  large  a  share  on  account  of  her  bodily 
infirmities  and  inability  to  provide  for  herself,  and  the  re- 
maining two  thirds  equally  to  divide  between  my  four  sons 
Peter,  John,  Henry,  and  Thomas.  If  either  of  my  children 
shall,  before  such  division,  have  died,  leaving  lawful  issue, 
such  issue  to  receive  the  parent's  share ;  but  if  there  be  no 
issue,  then  such  share  to  fall  into  the  general  fund,  to  be 
divided  among  the  survivors  in  the  manner  before  directed. 

And  I  hereby  give  to  my  said  trustees  full  power  and  au 
thority  to  sell  any  or  all  of  my  real  estate  at  private  or  public 
sale,  and  invest  the  proceeds,  or  to  lease  the  same  as  they  may 
deem  best  for  the  interest  of  my  family. 

And  if  my  said  daughter  Jane  shall  not  have  attained  the 
age  of  twenty-one  upon  the  decease  of  her  mother,  I  hereby 
nominate,  constitute,  and  appoint  my  said  trustees,  guardians 
of  the  person  and  estate  of  my  said  daughter  Jane  during  the 
remainder  of  her  minority,  commending  her  to  their  fatherly 
care  and  protection. 

And  I  hereby  tiominate,  constitute,  and  appoint  my  said 
trustees,  John  Doe  and  Richard  Roe,  executors  of  this  my 
last  will  and  testament. 

In  ©itncss  toljcrcof,  &c'.  [at  in  No.  ill]. 
11 


122  LIABILITIES    OF    MINORS. 


LIABILITIES  OF  MINORS. 

Persons  of  both  sexes  are  minors  until  they  are  twenty- 
one  years  of  age. 

In  Vermont  and  Ohio,  females  are  of  age  at  eighteen. 

Minors  can  not  do  any  act  to  the  injury  of  their  property, 
which  they  may  not  repudiate  or  rescind  when  they  arrive  at 
full  age. 

Every  contract  entered  into  by  a  minor  which  is  clearly  to 
his  prejudice,  is  absolutely  void ;  and  a  contract  which  is 
clearly  to  his  benefit,  is  good  ;  and  one  that  is  uncertain 
whether  prejudicial  or  advantageous,  is  voidable  only  at  the 
election  of  the  minor. 

If  the  contract  be  voidable  only,  it  is  binding  on  the  adult 
party  thereto  until  it  is  rescinded  by  the  minor. 

A  contract  for  necessaries  is  binding  on  an  infant,  and  he 
may  be  sued  on  such  a  contract,  but  the  articles  must  be. 
shown  to  have  been  necessary  for  him  under  the  circum- 
stances and  condition  in  which  he  was  placed  when  they  were 
furnished.  The  real  circumstances  of  the  minor  must  be 
looked  at,  not  his  ostensible  condition.  Necessaries  for  a 
minor's  wife  and  children  are  necessaries  for  him. 

Infancy  or  non-age  can  not  be  taken  advantage  of  to  pro- 
tect a  fraudulent  act.  An  infant  has  been  held  liable  for 
deceit  in  obtaining  a  loan  of  money  on  the  fraudulent  affirma- 
tion that  he  was  of  age. 

A  father  is  not  bound  by  the  contract  of  his  son,  even  for 
articles  that  are  necessary  and  suitable  for  the  minor,  unless 
an  actual  authority  be  proved,  or  the  circumstances  be  suffi- 
cient to  imply  an  authority.  What  circumstances  will  bo 
sufficient  to  infer  an  authority  must  always  be  a  question  to 
be  determined  in  each  particular  case. 

The  father  is  liable  for  necessaries  furnished  his  minor 
children,  but  they  must  be  strictly  necessaries,  such  as  the 
lather  is  in  duty  bound  to  furnish,  and  has  not  provided. 


LIABILITIES    OP    COMMON    CARRIERS. 


LIABILITIES  OF  COMMON  CARRIERS. 

A  common  carrier  is  one  who  undertakes  to  carry  goods 
or  packages  of  any  kind,  by  land  or  water,  for  hire,  stated  or 
implied,  as  an  employment :  owners  of  stage-wagons,  stage- 
coaches, and  railroad-cars,  who  carry  goods  for  hire ;  tiuck- 
men,  teamsters,  porters — owners  and  masters  of  vessels  in 
the  carrying-trade — canal-boatmen,  barge-owners,  &c.,  are 
common  carriers. 

Owners  of  steamboats  who  tow  vessels,  and  private  individ- 
uals who  may  agree  to  convey  a  man's  goods  on  a  special 
occasion,  are  not  liable  as  common  carriers. 

Owners  of  stages,  hackney-coaches,  and  other  vehicles  for 
carrying  passengers  with  their  baggage,  are  liable  as  common 
carriers  for  baggage  or  higgage  intrusted  tr>  their  care,  but 
not  for  goods,  unless  under  a  special  agreement. 

Common  carriers  are  liable  for  the  entire  value  of  the 
goods,  if  not  delivered  to  the  proper  person ;  except  a 
pirate  or  other  public  enemy  destroys  or  captures  them, 
or  the  act  of  God  (against  which  foresight  can  not  j)rovide 
nor  human  pjnver  withstand)  destroys  them.  They  are  not 
liable  for  inevitable  losses  caused  by  lightnings,  storms,  hur- 
ricanes, earthquakes,  the  ordinary  decay  of  perishable  goods, 
spontaneous  combustion,  leakage  of  casks,  or  the  carelessness 
of  shippers.  Against  all  other  perils  the  carrier  is  held  as  an 
insurer.  If  a  mob  seize  the  goods,  the  carrier  is  held.  Any 
pa.ssenger-line  in  the  habit  of  carrying  go<jds  for  hire,  is  under 
the  carrier  laws.  If  a  stage-driver,  or  person  going  along  in 
the  conveyance,  takes  money  or  goods  to  carry  for  his  own 
profit,  he  alone  is  responsible  :  it  is  the  same  if  he  went  in  a 
raihoad-car,  steamboat,  &c.,  which  takes  passengers  only. 

To  make  the  owner  or  master  of  a  vessel  liable  as  a  com. 
mon  carrier,  she  must  be  open  to  transport  anybody's  goods 
to  the  port  agreed  on — no  matter  whether  ther'3  be  one  ship- 
per or  many,  or  whether  she  be  in  the  home,  foreign,  coast- 
ing, river,  or  ocean  service;  but  a  ship  that  carries  only  for 
one  or  more  particular  individuals,  comes  not  under  the  ear- 
ner laws,  nor  docs  an  owner  who  lets  the  tonnage  to  particu- 
lar shippers.     If  the  owners  charter  a  vessel  to  certain  per- 


124  LIABILITIES    OF    COMMON    CARRIERS. 

sons  for  a  voyage  at  a  specified  freight,  they  are  common 
carriers,  unless  the  terms  of  the  charter-party  relieve  them. 

Carriers  are  responsible  for  the  acts  of  all  persons  in  their 
employ  :  the  act  of  the  agent  or  servant  is  deemed  to  be  the 
act  of  the  principal  and  master.  Injuries  done  to  the  goods 
by  strangers  must  be  made  up  by  the  carrier.  He  is  liable 
for  accidental  fires,  thefts,  robberies:  the  goods  must  be  de- 
livered as  directed,  in  the  same  good  order  in  w^hich  they 
were  intrusted  to  him. 

The  common  carrier  must  receive  all  such  goods  as  are 
offered  for  the  place  to  which  he  carries,  from  anybody  wil- 
ling to  pay  the  regular  or  a  reasonable  freight-charge :  proof 
of  readiness  and  willingness  to  pay  is  enough,  though  it  might 
be  advisable  to  tender  the  charges  if  a  suit  is  intended.  The 
carrier  may  refuse  if  he  is  full,  or  the  goods  are  dangerous  to 
be  carried,  or  until  he  is  ready  to  receive  them,  or  if  they  are 
goods  it  is  not  his  custom  to  carry,  or  for  a  good  reason. 
When  he  takes  freight,  he  must  deliver  it  in  a  reasonable  time  ; 
his  ship  should  be  seaworthy,  and  properly  furnished  and 
manned,  and  he  must  proceed  to  the  port  advertised  or  other- 
wise agreed  on. 

A  carrier  is  not  liable  for  loss  by  a  river  or  canal  freezing 
up,  during  his  voyage,  unless  he  neglected  to  use  due  dili- 
gence ;  nor  for  the  leakage  of  a  ship  strained  in  a  storm,  nor 
for  losses  from  collision  of  his  ship  with  another,  unless  he 
was  negligent ;  but  for  losses  by  theft  and  robbery,  and  for  all 
felonies  except  piracy,  he  is  liable. 

The  carrier  is  liable  for  goods  the  moment  they  are  deliv- 
ered to  him ;  any  delivery,  in  which  he  specially  accepts  the 
goods,  binds  him  ;  acceptance  is  frequently  implied  and  bind- 
ing from  the  usage  of  business.  Where  a  carrier  receives 
his  freight,  even  at  the  shipper's  warehouse  or  that  of  his 
agent,  and  takes  it  in  charge,  if  that  be  the  usage,  it  binds 
him. 

He  is  not  liable  for  goods  left  in  the  yard  of  an  inn,  where 
several  carriers  put  up,  and  not  actually  delivered  to  him. 
For  goods  dell  'ered  at  a  wharf  to  some  unknown  person,  of 
which  the  wharfinger  had  no  knowledge,  he  was  held  not 
liable. 

When  goods  have  reached  the  destined  place,  they  must  be 
delivered  to  the  proper  person,  or  deposited  in  the  proper 
place,  and  the  consignee,  or  one  entitled  to  receive  them, 
duly  notified.     If  he  accepts  the  delivery,  the  carrier  is  nc 


LIABILITIES    OP    COMMON    CARRIERS.  125 

longer  liable.  In  some  instances  the  local  usage,  or  the  cus- 
tom of  particular  carrying-ti'ades,  in  the  absence  of  express 
directions  from  the  shippers,  regulates  the  deliveiy;  but  if 
there  is  a  special  contract,  it  must  be  fulfilled. 

If  the  carrier  of  a  line  from  Boston  to  New  York  takes 
goods  to  be  forwarded  to  Philadelphia  by  a  particular  con- 
veyance, his  liability  ceases,  as  carrier,  when  they  are  safely 
deposited  at  New  York,  and  ready  for  such  next  conveyance ; 
but  if  he  takes  goods  to  forward  to  places  beyond  the  extent 
of  his  own  line,  he  is  answerable  as  carrier  to  the  place  of 
final  destination. 

A  carrier  is  answerable  for  losses  from  deposites  or  storage 
of  goods  on  the  route ;  but  if  goods  are  left  in  his  possession 
beyond  a  reasonable  time,  he  is  only  bound  to  take  ordinary 
care.  If  he  delivers  goods  under  a  mistake  of  his  own,  or 
of  fraud  on  the  part  of  others  (other  than  the  owners  or  ship- 
pers), he  must  make  good  the  value  to  the  owner. 

No  contract,  no  public  or  personal  notice,  will  exempt  the 
carrier  of  goods  from  losses  caused  by  his  or  his  agents'  neg- 
lect or  fraud  ;  but  any  notice  of  the  carrier  (if  the  sliipper  can 
be  proved  to  have  read  it  or  known  of  its  existence,  and  not 
otherwise)  that  he  will  not  take  goods  of  great  value,  or  that 
he  will  not  pay  more  than  a  specified  sum  unless  specially 
informed  of  such  value  and  paid  in  proportion  to  the  risk,  is 
good.  An  ambiguous  notice  will  be  construed  against  the 
carrier.  Notices  at  each  end  of  a  route  will  not  bind  those 
who  ship  goods  at  intermediate  places,  unless  specially  made 
known  to  them.  A  personal  notice  to  the  principal  is  binding 
on  all  his  agents  who  may  forward  by  the  same  line.  A  car- 
rier can  not,  by  any  transfer  of  the  goods  to  another  carrier, 
exempt  himself:  if  he  forward  in  another  mode  than  that  un- 
derstood, he  will  be  liable,  in  cases  where  his  notice  would 
have  otherwise  protected  him. 

If  the  owner  of  goods  mislead  the  carrier  as  to  their  value, 
or  make  false  statements  calculated  to  lessen  his  vigilance,  it 
is  a  fraud  upon  him. 

Wliere  there  is  no  notice,  or  special  contract  of  limitation, 
it  is  encgh  for  the  owner  to  show  the  canier's  undertaking 
the  carriage  of  his  goods,  and  a  non-deliveiy.  The  earner 
must  show  why  he  did  not  deliver ;  but  when  there  is  n  notJce, 
the  owner  must  show  a  want  of  ordinary  prudence  in  the  car- 
rier. A  valid  seizure  of  goods  because  of  an  illegal  act  of 
tlie  owner,  will  excuse  a  non-delivery ;  but  the  seizure  must 

!!• 


126 


I-IABItilTIES    OP    COMMON    CARRIERS. 


be  valid,  or  the  carrier  will  be  liable.  The  carrier  has  legal  power 
sufficient  to  put  any  claimant  to  the  proof  as  to  his  title  to  take  the 
goods ;  if  he  neglect  to  use  that  power,  he  is  liable.  In  case  of 
stolen  goods,  the  carrier  must  deliver  them  to  the  owner  on  demand. 

When  goods  are  sent  by  water,  and  it  becomes  necessary  to  throw 
a  part  overboard,  thereby  to  save  the  rest,  the  loss  is  to  be  general. 
When  one  shipper's  goods  are  thus  destroyed,  and  those  of  others  sa- 
ved, the  loser  may  demand  a  contribution  from  all  the  others,  and 
from  the  ship-owners,  and  the  party  entitled  to  freight,  in  such  equi- 
table amount  as  will  subject  him  only  to  his  fair  proportion  of  the  loss 
according  to  the  value  of  goods  he  had  shipped.  Land-carriers,  when 
inevitable  perils  oblige  them  to  incur  unusual  charges,  may  demand 
payment  by  an  equitable  contribution. 

The  carrier  has  a  right  to  fiemand  payment  when  he  receives  the 
goods  :  he  may  refuse  to  take  them  if  not  so  paid  ;  but  if  he  take 
them,  to  be  paid  at  the  end  of  the  route,  he  may  retain  them  till  paid, 
on  his  arrival  there.  He  may  waive  this  lien  by  agreement,  in  which 
case  his  charges  become  a  simple  debt.  As  a  general  rule,  the  con- 
signor is  bound  for  the  freight ;  but  the  consignee^  if  he  engage  to 
pay,  is  also.  Nautical  usages  have  often  become,  by  the  decisions 
of  courts,  positive  law.  Different  states  have  passed  local  laws  to 
regulate  their  navigation  :  if  a  carrier  break  any  of  these  rules  to  the 
loss  of  a  shipper,  be  is  liable. 

In  tlie  states  of  New  York  and  Ohio,  special  norices  and  special  con- 
tracts, by  common  carriers,  are  held  to  be  against  the  policy  of  the 
law,  and  therefore  utterly  void.  The  courts  also  hold  that  the  notice 
that  "all-  baggage  is  at  the  risk  of  the  owner,"  is  a  nullity;  but  the 
carrier  may  require  the  shipper  to  disclose  the  nature  and  value  of  the 
property,  or  make  a  special  acceptance. 

Warehousemen,  wharfingers,  and  private  carriers,  are  only  bound 
to  use  ordinary  care  and  diligence,  and  are  liable  but  for  gross  negli- 
gence or  bad  faith. 

Common  carriers  are  bound  to  carry  passengers  safely  and  properly 
to  their  place  of  destination  ;  to  use  the  utmost  skill,  care,  and  dili- 
gence ;  and  are  responsible  for"  the  least  neglect.  If  an  accident  hap- 
pen, it  falls  to  the  carrier  to  show  that  it  was  not  his  fault.  All  who 
seek  a  passage  are  to  be  treated  with  impartiality,  but  must  pay  in 
advance  if  required  and  submit  to  reasonable  rules  for  the  general 
convenience  and  comfort.  Persons  of  coarse,  rude  conduct,  or  suspi- 
cious or  notorious  bad  character,  may  be  refused. 

The  conveyance  must  be  suitable  for  the  passage,  having  skilful, 
prudent,  faithful  conductors  and  servants.  If  by  water,  the  vessel 
must  be  seaworthy,  with  a  competent  crew.  His  baggage  must  be 
duly  delivered  to  the  passenger,  or  the  carrier  must  keep  it  for  him 
a  reasonable  time. 

In  case  of  a  coachman,  if  he  be  rash,  careless,  races  violently,  or  by 
want  of  caution  runs  foul  of  anything,  and  an  accident  happen,  the 
proprietors  are  liable.     The  baggage  he  may  detain  for  unpaid  fare. 


J^i 


tWBiLrnr  of  ship  owners.  187 


LIABILITY  OF  SHIP-OWNERS. 

The  following  Act  In  regard  tc  the  liabilities  of  ship-owners,  which  was  pass- 
ed by  Congress,  March,  1851,  has  so  important  a  bearing  on  sea-carriage  of 
merchandise,  that  it  is  inserted  entire.  How /ar  it  will  effect  the  old  established 
principles  of  common  carrier  liabilities,  stated  in  the  preceding  article,  remains 
to  be  settled  by  the  legal  tribunals. 

No  owner  or  owners  of  any  ship  or  vessel  shall  be  subject  or  liable  to  answer  for  or  make 
good  to  any  one  or  more  person  or  persons  any  loss  or  damage  which  may  happen  to  any 
eoods  or  merchandise  whatsoever,  which  shall  be  shipped,  taken  in,  or  put  on  board  any 
6uch  ship  or  vessel,  by  reason  or  by  means  of  any  fire  happening  to  or  on  board  the  said 
ihip  or  vefKsel.  unless  such  fire  is  caused  by  the  desiyrn  or  neijlect  of  such  owner  or  owners  : 
Priiitdcd.  Tluit  nothing  in  this  act  contained  shall  prevent  the  parties  from  making  such  con- 
V  jise,  extending  or  limiting  the  liability  of  shipv-owners. 

r  or  shippers  of  njatina,  gold,  gold-dust,  silver,  bullion,  or  other  precious  met- 
li  ry,  bills  of  any  bank  or  public  body,  diamonds  or  other  precious  stones,  shall 

Ih.ir-  ,n.-  rrtint-  on  board  any  snip  or  vessel,  without  at  the  time  of  such  lading,  giving  to  the 
master,  agent,  owner  or  owners  of  the  ship  or  vessel  receiving  the  same,  a  note  in  writing 
of  the  true  character  and  value  thereof,  and  have  the  same  entered  on  tlie  bill  of  lading 
therefor,  the  master  and  owner  or  owners  of  the  said  vessel  shall  not  be  liable,  as  carriers, 
in  any  fonn  or  manner.  Nor  shall  any  such  master  or  owners  be  liable  for  any  such  valua- 
ble gofKls  beyojid  the  value  and  accortling  to  the  character  thereof  go  notified  and  entered. 

The  liability  of  the  owner  or  owners  of  any  ship  or  vessel  for  any  embezzlement,  loss  or 
destruction,  by  the  master,  officers,  mariners,  passengers,  or  any  other  person  or  persons, 
of  Siiy  property,  goods,  or  merchandise,  shipped  or  put  on  board  any  such  ship  or  vessel, 
or  for  any  loss,  damage,  or  iniury  by  collision,  or  for  any  act,  matter  or  thing,  loss,  damage 
or  forfeiture,  done,  occasioned,  or  incurred,  without  the  privity  or  knowledge  of  such  own- 
er or  owners,  shall  in  no  case  exceed  the  amount  or  value  of  tlie  interest  of  such  owner  or 


or  for  any  loss,  damage,  or  injury  by  collision,  or  for  any  act,  matter  or  thing,  loss,  damage 

'    '  ■  '  ■      ;d,       '  •       •  ■       

le  ( 
owners,  respectively,  in  such  ship  or  vessel,  and  her  freights  tlien  pending. 

If  any  sii/Mi  embezzlement,  loss,  or  destruction,  shall  be  suffered  by  several  freighters 
o«-....r.,  ^r  <-,w„)j,,  ware-s,  or  merchandise,  or  any  property  whatever,  on  the  same  voyage, 
1^  value  of  the  ship  or  vessel,  and  her  freight  for  the  voyage,  shall  not  be  suflS- 

<  compensation  to  each  of  them,  they  shall  receive  compensation  from  the 

o  .'  rs  of  the  ship  or  vessel  in  proportion  to  their  respective  losses;  and  for  that 

pur;  o-ie  xhi*  said  freighters  and  owners  of  the  property,  and  the  owner  or  owners  of  the 
ship  or  vessel,  or  any  of  them,  may  take  the  appropriate  proceedings  in  any  court  for  the 
purpose  of  apportioning  tlie  sum  for  which  die  owner  or  owners,  of  any  ship  or  vessel, 
may  be  liable  among  the  parties  entitled  thereto.  And  it  shall  be  deemed  a  sufficient  com- 
pliance with  the  requirements  of  this  act,  on  the  part  of  such  owner  or  owners,  if  he  or  they 
■ball  transfer  his  or  their  interest  in  such  vessel  and  freight,  for  the  benefit  of  such  claim- 
ants, to  a  trustee,  to  be  appointed  by  any  court  of  competent  jurisdiction,  to  act  as  such 
trustee  for  the  person  or  persons  who  mav  prove  to  be  legally  entitled  thereto,  from  and  af- 
ter which  transfer,  all  claims  and  proceecfings  against  the  owner  or  owners  shall  cease. 

The  charterer  or  charterers  of  any  ship  or  vessel,  in  case  he  or  they  shall  man,  victual, 
and  navigate,  such  vessel  at  his  or  their  own  expense,  or  by  his  or  their  own  procureraenl^ 
•hall  be  deemed  the  owner  or  owners  of  such  vessel,  within  the  meaning  of  tliis  act;  ana 
•uch  ship  or  vessel  when  so  chartered  shall  l»e  liable  in  the  same  manner  as  if  navigated  by 
the  owner  or  owners  thereof. 

Nothing  in  the  preceding  secrtons  shall  be  construed  to  take  away  or  affect  the  remedy  to 
which  atiy  party  may  be  entitled,  against  the  mfister,  officers,  or  marirmrs,  for  or  on  account 
ef  any  cmbezzlenunt,  injury,  loss,  or  destruction  of  goods,  wares,  merchandise,  or  other 
property,  put  on  board  any  ship  or  vessel  or  on  account  of  any  negligence,  fraud,  or  other 
malversation  of  such  master,  officers,  or  mariners,  respectively,  nor  shall  anything  herein 
contained  lessen  or  take  away  any  responsibility  to  which  tny  master  or  mariner  of  any 
•hip  or  vessel  may  now  by  law  Iw  liable,  notwithstanding  such  master  or  mariner  may  ba 
an  owner  or  part  owner  of  such  ship  or  vessel. 

Any  person  or  perwons  shippin;;  oil  of  vitriol,  unslaked  lime.  Inflammable  matches,  or 
runpowder,  in  a  sliip  or  vessel  taking  cargo  for  divers  persons  on  freight,  without  deliver- 
ing at  the  time  of  shipment,  a  note  in  writing,  expressing  the  nature  and  character  of  such 
merchandise,  to  Uie  master,  mate,  officer,  or  person  In  charge  of  the  lading  of  the  ship  or 
vessel,  shall  forfeit  to  tlie  United  Slates  one  thousand  dollars. 

ThU  tut  $haU  not  apply  to  the  oioner  or  ownert  of  any  canal-boat,  barge,  or  lighter,  or  to  any 
'end  «/  My  dneription  vhattoevtr,  wed  in  river  or  inland  navigation. 


128  CUSTOMHOUSE   REGULATIONS. 


CUSTOMHOUSE  REGULATIONS. 

Entry  of  Vessels  from  Foreign  Ports. — It  is  necessaiy  that  three  copies  of  the 
manifests  of  vessels  from  foreign  ports  Bhould  be  made  out  before  arrival,  in  ordei 
to  be  presented  to  the  boarding-officer  upon  arrival.  They  should  include  every 
thing  on  board ;  and,  after  stating  the  cargo  laden  at  the  port  of  departure,  if  there 
should  be  any  return  cargo,  it  should  then  be  added  under  that  head.  If  there 
are  any  surplus  stores,  these  should  then  be  particularized ;  and,  jBnally,  the  pas- 
sengers' names,  individually,  with  the  number  of  packages  of  baggage  belonging 
to  each — the  whole  to  be  signed  by  the  master. 

Where  there  are  passengers,  a  separate  list,  besides  the  names  on  each  mani- 
fest— including  the  names,  ages,  sex,  occupation,  country  to  which  they  severally 
belong,  and  of  which  they  intend  to  become  inhabitants,  and  if  any  have  died  on 
the  passage — will  also  be  necessary.  Another  list  of  passengers,  similar  to  the 
last,  is  required  by  the  mayor  of  the  port  in  some  of  the  states. 

If  any  part  of  the  cargo  is  to  be  landed  at  a  different  port  than  the  first  one  of 
entry,  it  must  be  so  stated  in  the  manifest,  as  othei-wise  that  privilege  will  be  lost, 
and  the  cargo  required  to  be  landed  at  the  first  port  of  entry. 

The  captain  should  be  particular  in  having  his  crew  mustered  by  the  boarding- 
officer,  upon  arrival,  in  order  to  the  cancelling  of  the  bond  given  for  their  safe 
return.  Vessels  must  report  at  the  customhouse  within  tv/elve  hours,  and  enter 
within  forty-eight  hours,  after  arrival.  If  the  captain  is  not  an  owner  of  the 
vessel,  and  there  should  be  a  resident  owner  at  the  port  of  entry,  such  owner  is 
required  to  accompany  tlie  captain,  in  order  to  swear  to  the  register. 

Entry  of  Vessels  coastwise. — Nothing  further  is  required  than  the  clearance 
from  the  customhouse  at  the  port  of  departure,  and  the  register,  if  she  is  a  regis- 
tered vessel. 

Clearance  of  Vessels  for  Foreign  Ports. — Every  shipper  must  clear  his  goods 
at  the  customhouse  before  the  vessel  can  clear.  From  these  shippers'  clearances 
the  vessel's  manifest  is  to  be  made,  after  the  same  form,  and  including  all  the 
particulars  therein  contained.  A  notarial  crew-list  and  duplicate  shipping  articles 
are  also  required.  If  there  is  any  change  of  ow^ner  or  master,  notice  thereof  should 
be  given,  at  least  the  day  previous,  in  order  that  the  register  may  be  endorsed  or 
a  new  one  issued. 

Inquiry  should  also  be  made,  a  day  or  two  previous  to  clearing  (in  case  of  ves- 
sels last  from  foreign  ports),  whether  the  return  of  the  inward  cargo  corresponds 
with  the  manifest,  as  delays  may  otherwise  occur  in  settling  discrepancies,  which 
to  adjust  may  and  do  frequently  detain  vessels  from  clearing,  when  the  hurry  is 
great,  and  consignees  are  anxious  to  get  their  vessels  to  sea. 

If  there  is  any  cargo  brought  in  die  vessel  not  to  be  landed,  a  permit  must  be 
obtained  to  retain  the  same  on  board,  several  days  before  clearing,  as  the  officer  dis- 
charging the  vessel  can  not  make  his  return  without  it ;  and,  without  his  return,  the 
vessel  can  not  be  cleared.  When  cleared,  the  captain  will  receive  his  register, 
crew-list,  clearance,  bill  of  health,  and  shipping  articles  ;  or,  in  case  of  2i  foreign 
vessel,  all  that  he  requires  is  a  clearance  and  bill  of  health,  upon  presenting  which 
to  the  consul  of  his  nation,  he  will  receive  all  other  necessary  papers. 

Clearance  of  Vessels  coastwise. — Duplicate  manifests,  made  out  from  the  bills 
of  lading  (number  of  packages  in  each  bill  of  lading  being  stated  in  writing), 
with  the  names  of  tlie  shippers  and  consignees,  and  their  places  of  residence, 
are  all  that  is  required. 

LaiDs  relative  to  Invoices. — Invoices  must  be  made  out  in  the  currency  of  the 
country  whence  the  goods  nre  imported  ;  they  must  also  reduce  such  currency 
to  the  Currency  of  the  United  States.  When  the  value  of  such  currency  is  not 
fixed  l>y  law,  tlie  invoice  must  be  accompanied  by  a  consular  certificate,  stating 
the  true  value  of  such  currency  in  Spanish  or  United  States  silver  dollars ,  and  in 


CUSTOMHOUSE    REGULATIONS.  129 

oefanit  tbereof,  a  bond  for  the  prodaction  of  snch  certificate  must  be  given.  If  no 
tnvoice  of  goods  has  been  received  by  the  consignee  or  owner,  they  may  be 
entered  by  appraisement,  the  ovjmer  or  consignee  first  taking  oath  that  no  invoice 
has  been  rec<:-ived,  and  giving  bond  to  prwluce  invoice. 

Goods  belouying  to  persons  residing  in  the  United  States,  but  absent  from  the 
place  of  importation,  may  be  admitted  to  entry,  the  importer  or  agent  first  giving 
bon<l  to  produce  invoice  duly  verified  by  the  oath  of  the  owner,  administered  by 
a  collector  of  the  customs  or  by  a  public  officer  duly  authorized  to  administer  oaths. 

Goods  belonging  to  a  person  not  residing  at  the  time  in  the  United  States,  can 
not  be  admitted  to  entry,  unless  accompanied  by  an  invoice  verified  by  the  own- 
er's oath,,  stating  that  the  goods  were  actually  purchased  for  his  account,  and 
that  the  invoice  contains  a  true  and  faithful  account  of  the  cost  of  such  goods. 

If  such  goo<is  have  not  been  acquired  in  the  usual  mode,  of  bargain  and  sale — 
cr  if  they  belong  in  whole  or  in  part  to  the  manufacturer  thereof— the  oath  an- 
nexed to  the  invoice  must  specify  that  the  invoice  contains  the  Kc\.\i^\f ah- market 
value  at  the  time  and  place  when  and  where  the  same  were  procured  or  manu- 
factured. 

The  verification  may  be  made  before  a  consul  or  commercial  agent  of  the  Uni- 
ted States.  If  there  is  no  consul  or  commercial  agent  in  the  country  or  place  of 
purchase,  the  oath  may  be  administered  by  any  public  officer  authorized  in  such 
place  to  administer  oaths,  which  authority  must  be  authenticated  by  a  consul  or 
commercial  agent  of  the  United  States  :  if  there  be  no  such  consul  or  agent,  then 
by  the  antlientication  of  a  consul  of  any  nation  at  peace  with  the  United  States : 
if  no  such  consul  can  be  found,  then  the  certificate  of  two  respectable  merchants 
will  aaswer. 

Goods  owned  by  persons  not  residing  in  the  United  States,  and  not  accompa- 
nied with  an  invoice  verified  as  required  above,  may  be  admitted  by  the  secretary 
of  the  treasury',  the  collector  first  certifying  that  no  fraud  was  intended  ;  but 
before  such  entry  shall  be  permitted,  the  importer  shall  give  bond  to  produce 
an  invoice  of  such  goo<l8,  duly  verified  by  tlie  owner,  in  the  mode  and  to  the 
effect  before  mentioned. 

The  owner,  consignee,  or  agent  of  imports,  which  have  been  actually  pur- 
chased, on  entry  of  the  same,  must  make  such  addition  in  the  entry  to  the  cost  or 
ralue  given  in  the  invoice  as  in  his  opinion  may  raise  the  same  to  the  true  market 
value  of  such  imports  in  the  principal  markets  of  die  country  whence  the  impor- 
tation shall  have  been  made,  or  in  which  the  goods  imported  shall  have  been 
originally  manufactured  or  produced,  as  the  case  may  be. 

No  goods,  w^ares,  or  merchandise,  subject  to  duty,  can  be  imported  into  the 
United  States  on  the  seaboard  in  vessels  of  less  than  thirty  tons'  burden,  under 
the  penalty  of  the  forfeiture  of  vessel  an<l  cargo. 

Invoice  must  contain  the  weight,  quandty,  or  measure  of  goods,  or  the  same 
will  be  weighed,  gauged,  or  measured,  at  the  expense  of  the  importer.  The 
number  of  bashels  of  wheat  is  to  be  ascertained  by  actual  measurement  by  the 
standard  bushel,  and  not  by  weight 

In  all  rases  where  there  are  more  goods  found  on  board  a  vessel  than  the 
master  thereof  has  reported  in  his  manifest,  he  must,  with  the  consent  of  the  offl 
Cera  of  the  customs,  make  a  post  entrj-  for  tlie  same,  and  pay  two  dollars  therefor, 
and  for  every  disagreement  between  his  manifest  and  cargo,  he  is  liable  to  a  fine 
of  five  hundred  dollars.  All  goods,  on  examination  by  the  appraisers,  not  corre- 
tponding  with  the  entry  made  of  them,  arti  liable  to  forfeiture. 

Drawhiick. — To  be  entitled  to  drawback,  the  duties  on  the  importation  of  the 
goods  exported  must  have  been  at  least  fifty  dollara  by  one  vessel,  at  the  same 
time,  and  by  the  same  person,  and  the  merchandise  be,  at  the  time  of  exporta- 
tion, in  the  same  package  and  same  condition,  including  wrapper  and  original 
mark  and  number,  ai  when  imported. 

Ilefrix/er  Art. — Every  owner  of  a  vessel,  residing  within  the  limits  of  the  Uni- 
ted States,  must  swear  (or  aflirm)  to  the  register  within  ninety  days  after  its 
being  granted,  or  it  becomes  void,  and  the  vessel  and  cargo  pays  foreign  tomiage 
and  duty. 

All  dtUies  mait  be  paid  in  gold  or  lilTor  cr^fii. 


130  CUSTOMHOUSE    REGULATIONS. 

Warehousing. — Goods,  wares,  or  merchandise,  entitled  to  entry  for  ware- 
housing, are  such  only  as  shall  tiave  been  actually  imported  after  the  passage  of 
the  act  "reducing  the  duty  on  iiiiports,  and  for  other  purposes,"  approved  July 
30,  18-1 G.  Where  owners,  importers,  consignees,  or  agents,  desire  to  warehouse 
their  goods,  due  entry  in  writing  must  be  made  in  each  case,  and  a  bond  taken 
with  surety  or  sureties  to  the  satisfaction  of  the  collector,  in  double  the  amount 
of  the  duties. 

Goods,  wares,  or  merchandise,  entered  for  warehousing,  must  be  conveyed 
from  the  vessel,  or  wharf  where  lauded,  to  the  warehou.se,  under  the  spe  dal  su- 
perintenJence  of  an  inspector  of  the  customs,  indray.s,  carts,  or  other  usual  modes 
of  conveyance,  to  be  employed  on  public  account,  by  the  proper  officer  of  the 
customs,  and  the  expense  at  the  rates  usually  paid  for  such  service  at  the  port  in 
que.stion  is  to  be  defrayed  at  the  time  by  the  person  who  enters  said  goods, 
wares,  or  merchandise,  for  warehousing.  In  cases  where  gf)ods,  wares,  or  mer- 
chandise, imported  after  the  passage  of  the  act  of  July  30,  1846,  are  intended  to 
be  exported  directly  from  warehouse  to  a  foreign  countiy,  entry  must  be  made 
and  bond  given,  in  the  manner  now  required  by  exi.«ting  laws  relating  to  expor- 
tations  for  the  benefit  of  drawback.  In  all  such  cases  the  appropriate  expenses 
are  to  be  paid  betbre  granting  permit  lor  exportation, 

Where  any  goods,  duly  warehoused,  shall  remain  in  store  beyond  one  year, 
without  payment  of  the  duties  and  charges  thereon  which  in  pursuance  of  the 
act  are  required  to  be  appraised  and  sold,  the  treasury  department  prescribes 
that  all  such  sales  shall  take  place  witliin  thirty  days  after  the  expiration  of  the 
year. 

If  a  part  of  an  importation  is  to  be  landed  and  the  duties  paid  forthwith,  and 
the  remainder  warehoused,  the  two  entries  must  be  made  simultaneously.  If 
no  invoice  has  been  received,  the  goods  may  be  entered  in  conformity  with  the 
6e;ond  sectiou  of  the  act  of  March  1,  1823,  but  can  not  be  entered  for  warehou- 
sing. When  the  goods  have  been  deposited  in  the  warehouse,  the  collector  shall 
cause  them  to  be  compared  with  the  invoice,  and  the  dutiable  value,  quantity, 
and  tlie  character  thereof,  ascertained  in  the  manner  provided  by  law;  and  aftef 
the  report  of  the  appraisers  has  been  received  by  the  collector,  the  importer, 
agent,  or  purchaser,  may  withdraw  any  entire  case  or  package,  or  any  quantity 
not  less  than  one  ton  in  weight,  if  imported  in  bulk. 

When  the  goods  have  arrived  at  the  port  of  destination,  they  may  be  depos- 
ited in  the  public  store,  and  the  duty  paid  forthwith.  If  the  duty  is  not  paid 
forthwith,  the  entry  for  warehousing  shall  be  presented  to  the  collector,  and 
accompanied  with  the  transportation  certificate  and  copy  from  invoice,  and  shall 
be  verified  by  the  oath  of  the  owner  or  consignee  :  the  collector  will  then  take  a 
bond  with  satisfactory  security. 

When  the  goods  are  deposited  in  warehouse,  they  must  be  subjected  to  the 
same  examination  as  is  required  by  law  on  the  importation  of  goods  from  foreign 
ports,  and  must  be  carefully  compared  with  the  copy  from  the  original  invoice. 
If  the  collector  is  satisfied  that  the  goods  so  examined  are  the  identical  goods 
described  in  the  transportation  certificate,  he  will  grant  a  copy  thereof  and  cer 
tify  thereon,  which  certificate  being  presented  to  the  collector  at  the  port  whence 
the  goods  were  transported,  the  bond  may  be  cancelled. 

If  the  goods  are  withdrawn  from  warehouse  at  the  port  of  original  importatioa 
for  exportation,  then  entry  must  be  made,  the  oath  prescribed  taken,  and  bond 
with  satisfactory  security  given  for  the  delivery  of  the  goods  at  a  foreign  port  oi 
place  :  when  the  bond  is  received,  the  collector  and  naval  officer  will  issue  a 
permit  to  deliver  the  goods  to  the  surveyor,  and  shall  direct  the  surveyor  to  cause 
the  same  to  be  laden  on  board  for  exportation,  indicating  which  are  to  be  weighed, 
gauged,  or  measured.  The  officer  under  whose  mspection  the  goods  are  shipped 
must  certify  on  the  entry :  to  cancel  the  export  bond,  the  exporter  must  furnish 
the  proofs  required  by  law. 

W^hen  goods  have  been  deposited  in  the  public  stores,  the  owner  or  importer 
on  application  therefor  shall  be  entitled  to  receive  a  ce'rtificate,  either  for  the 
entire  importation,  or  for  each  package  or  parcel  thereof,  on  payment  of  twenty 
cents  for  each  certificate — which  certificate  shall  be  issued  and  signed  by  the 


'ittmm^. 


CUSTOMHOUSE    REGULATIONS.  131 

collector,  or  by  some  person  to  be  designated  for  that  pnrpose  by  the  collector, 
with  tlie  approbation  of  the  secretary  of  the  treasury,  which  person  shall  be  enti- 
tled lo  receive  from  the  importer  a  copy  of  the  warehousing  entry,  and  ehfdl  be 
allowed  to  retain  out  of  tne  money  received  for  certificates  snch  reasonable 
amount  as  may  be  fixed  by  the  collector,  with  the  sanction  of  the  secretary  of  the 
treasury,  as  his  compensation ;  and  the  residue  thereof,  if  any,  after  deducting 
the  expense  of  printing,  filling  up,  registering,  and  cancelling  said  certificates, 
shall  be  paid  over  to  the  collector,  to  be  by  him  placed  to  the  credit  of  the  treas- 
urer of  the  United  States. 

When  goods  are  withdrawn  from  warehouse  in  quantities  less  than  the  entire 
importation,  the  expense  of  weighing,  gauging,  or  measuring,  must  be  paid  by 
tlie  owner,  importer,  or  agent,  if  it  be  necessary  to  weigh,  gauge,  or  measure 
•Q2h  portion,  in  order  to  ascertain  the  dutiable  value. 

The  warehouses  are  opened  at  sunrise,  and  closed  at  sunset. 

Recording  the  Sale  or  Mortgage  of  Vessels. — No  bill  of  sale,  mortgage,  hy- 

gothecation,  or  conveyance,  of  any  vessel  or  part  of  any  vessel  of  the  United 
tates,  shall  be  valid  against  any  person  Other  than  the  grantor  or  mortgagor,  his 
heirs,  and  devi  ees,  and  persons  having  actual  notice  thereof;  unless  such  bill  of 
Sale,  mortgage,  hypothecation,  or  conveyance,  be  recorded  in  the  oflSce  of  the 
collector  of  customs  where  such  vessel  is  registered  or  enrolled  :  Provided,  That 
the  lien  by  bottomry  on  any  vessel  created  during  her  voyage,  by  a  loan  of 
money  or  materials,  necessary  to  repair  or  enable  such  vessel  to  prosecute  a 
voyage,  shall  not  lose  its  priority  or  be  in  any  way  affected  by  the  provisions  of 
this  act.  The  collectors  of  the  customs  shall  record  all  such  bills  of  sale,  mort- 
gages, hypothecations,  or  conveyances,  and  also  all  certificates  for  discharging 
and  cancelling  any  such  conveyances,  in  a  book  or  books  to  be  kept  for  that  pur- 
pose, in  the  order  of  their  reception,  and  shall  certify  on  the  paper  so  recorded 
the  time  when  the  same  was  received,  and  the  number  of  the  book  and  page 
where  they  are  recorded. 

The  owner,  or  agent  of  the  owner  of  any  vessel  of  the  United  States,  applying 
to  a  collector  of  the  customs  for  a  register  or  enrolment  of  a  vessel,  shall,  in  addi- 
tion to  the  oath  now  prescribed  by  law,  set  forth,  in  the  oath  of  ownership,  the 
part  or  proportion  of  such  vessel  belonging  to  each  owner,  and  the  same  shall  be  in- 
serted in  the  register  or  enrolment;  and  all  bills  of  sale  of  vessels  registered  or  en- 
rolled shall  set  forth  the  part  of  the  vessel  owned  by  each  person  selling,  and  the 
part  conveyed  to  each  person  purchasing.  This  act  went  into  effect  Oct.  1, 1850. 
As  blank  forms  are  prepared  according  to  the  regulations  of  the  customhouse, 
and  can  be  obtained  at  ports  of  entry,  we  shall  omit  them  here.  The  details  of 
passing  goods  through  the  customhouse  are  so  intricate,  that  it  will  generally  be 
found  advisable  to  employ  a  broker  to  attend  to  the  business. 


LIST    OP    PEES    RECEIVABLE    BY    LAW. 

For  admeasuring  every  Vessel,  in  order  to  the  enrolment,  or  licensing, 

and  recording  the  same,  if  of  5  tons,  and  less  than  20 SO  50 

Of  20,  and  not  over  70 0  75 

Over  70,  and  not  over  100 1  00 

Ovfr  TOO 1  50 

r".  iiont 0  .'50 

K  I  tificate  of  Enrolment 0  20 

L  ^         !ig  the  same,  including  the  Bond,  if  not  over  20  tons. ..  0  26 

Abuve '.iU,  and  not  over  100 0  50 

Over  100 1  00 

¥'.-'^^"" •  nn  a  License 0  20 

'  aiifest,  and  granting  Permit  for  licensed  Vessels  to  go  from 

tu  District,  under  50  tons 0  23 

»>ver50ton8 0  ."SO 


.^fl£. 


132  CUSTOMHOUSE    REGULATIONS. 

Receiving  certified  Manifest,  and  granting  Permit  on  arrival  of  each  Vessel, 

if  under  50  tons 0  25 

Over  50  tons 0  60 

Certifying  Manifest,  and  granting  permission  to  registered  Vessels  to  go 

from  District  to  District 1   50 

Receiving  certified  Manifest,  and  granting  Permit  on  arrival  of  such  regis- 
tered Vessel 1  50 

Granting  Permit  to  a  Vessel,  not  belonging  to  a  Citizen  of  the  United 

States,  to  go  from  District  to  District,  and  receivinj^  Manifest 2  00 

Receiving  Manifest,  and  granting  Permit  to  unload,  for  last-mentioned  Ves- 
sel, on  arrival  at  one  District  from  another 2  00 

Granting  Permit  for  Vessel  carrying  on  Fishery,  to  trade  at  a  Foreign 

Port ^ 0  25 

Report  and  Entry  of  Foreign  Goods  imported  in  such  Vessel 0  25 

Entry  of  Vessel  of  100  tons  and  more 2  50 

Clearance  of  Vessel  of  100  tons  and  more 2  50 

Entry  of  Vessel  under  100  tons 1  50 

Clearance  of  Vessel  under  100  tons 1  50 

3'ost  Entry  2  00 

Permit  to  land  Goods — all  official  Certificates,  and  Orders  to  deliver  or 

transfer 0  20 

Bond,  taken  officially 0  40 

Permit  to  load  Goods  for  Exportation,  entitled  to  Drawback 0  30 

Debenture,  or  other  official  Certificate 0  20 

Bill  of  Health 0  20 

Official  Documents,  except  Register,  required  by  any  Merchant,  Owner, 

or  Master  of  any  Vessel,  not  before  enumerated 0  20 

Admeasurement  and  certifying  Vessels  of  100  tons  and  under 1  c.  per  ton 

Over  100,  and  not  over  200 1  50 

Over  200 2  00 

Other  services  to  be  performed  by  the  Surveyor,  in  Vessels  of  100  tons  and 

more,  having  on  board  Merchandise  subject  to  duty 3  00 

Like  services  in  Vessels  under  100  tons,  having  similar  Merchandise 1  50 

All  Vessels  not  having  Merchandise  subject  to  duty 0  67 

Protection 0  25 

Crew-List 0  25 

Certificate  of  Registry  and  Bond 2  25 

Endorsement  on  Register 1  00 

All  Orders,  Permits,  and  other  Documents,  requiring  the  Collector's  signa- 
ture, including  Certificates  on  Invoices,  and  Shipping  Manifests,  and 

for  every  ^'7<ro^  or  verification  on  oath 0  20 

For  recording  Conveyance  or  Certificate  of  Satisfaction  of  a  Record 0  50 

Furnishing  Certificate  of  facts  regarding  the  Record  of  a  Vessel 1  00 

Furnishing  Certitied  Copies  of  the  Record 0  50 

In  ail  cases  where  the  Invoice  or  Entry  does  give  them,  there  shaU  be  charged 
for— 

Weighing— l^c.  per  112  lbs. 
Gauging— Casks,  12c.  each;  Cases  and  Baskets,  4>^c.  each ;  Ale,  Porter,  &c., 

Die.  per  dozen  bottles. 
Measuring— Coal,  90c.  per  100  bushels;  Chalk,  Brimstone,  &c.,  90c.  per  100 
bushels ;  Salt,  75c.  per  100  bushel? ;  Potatoes,  Seeds,  Grain,  and  all  other 
measurable  articles,  45c.  per  100  bashels. 
Measuring — Marble,  Mahogany,  Cedar-wood,  <fcc.,  the  actual  expense  incurred. 
.Marking — Spirits,  Wines,  &c.,' 2>2'c.  per  package;  issuing  Certificates  (Spirits 
only),  3^c.  per  package — when  requested  by  the  importer 
Note.— Persons  residing  in  the  country,  receiving  invoices  and  bills  of  lading  for  goods 
arriving  at  any  port  of  entry  in  the  Uniteci  States,  can  get  them  passed  througli  the  custom- 
house, without  being  personally  present,  by  endorsing  their  name  on  the  bill  of  lading,  at- 
taching to  it  the  invoice,  and  mukin','  oath  of  ownership  before  an  officer  authorized  by  tho 
state  to  take  acknowledgments,  and  sending  the  whole  to  some  customhouse  broker,  or  to 
a  friend  who  will  employ  one,  at  the  port  where  the  goods  have  arrived. 


NATURALIZATION.  133 


NATURALIZATION. 

In  order  for  a  free  white  person,  bom  in  a  foreign  country,  to  become  a  citizen 
of  the  United  States,  it  is  necessary  that  he  "should  make  a  declaration  under 
oath,  at  least  two  years  before  bis  admission,  of  his  intention  to  become  a  citizen, 
and  must  renounce  his  allegiance  to  his  own  sovereign.  This  declaration  must 
be  made  before — 

1.  Any  state  court,  being  a  court  of  record,  and  having  a  seal  and  clerk,  and 
common-law  jurisdiction. 

2.  Before  a  circuit  court  of  the  United  States. 

3.  Before  a  district  court  of  the  United  States. 

4.  Before  a  clerk  of  either  of  these  courts. 

After  he  has  been  a  resident  of  the  United  States  for  five  years,  and  has  made 
his  declaration  of  hiteiitions  at  least  two  years  before,  he  may  then  be  admitted 
to  the  rights  of  citizenship.  In  order  for  this,  he  must  prove,  by  the  oath  of  two 
citizens  of  the  United  States,  that  he  baa  been  a  resident  of  the  United  States 
for  five  years,  and  one  year  within  the  state  where  the  court  is  held. 

He  roust  also  take  an  oath  to  support  the  constitution  of  the  United  States,  and 
on  oath  renounce  and  abjure  his  native  allegiance. 

If  he  have  been  a  minor,  and  shall  have  resided  in  the  United  States  for  three 
years  next  before  his  attaining  his  majority,  he  may  be  admitted  without  such 
declaration,  on  proving  by  two  witnesses  that  he  has  resided  five  years  in  the 
United  States,  three  years  as  a  minor  and  two  since  he  became  of  age,  making 
the  declaration  of  his  intentions  at  the  time  of  his  admission,  and  declaring  on 
oath  and  proving  to  the  satisfaction  of  the  court  that  for  three  years  next  prece- 
ding it  had  been  his  bona-Jide  intention  to  become  a  citizen. 

The  alien's  country  must,  at  the  time  of  his  admission,  be  at  peace  with  the 
United  States. 

If  an  alien  die  after  having  made  his  declaration  of  intention  and  before  his 
admission,  his  widow  and  children  are  citizens. 

The  minor  children  of  any  one  duly  naturalized,  if  dwelling  in  the  United 
States,  arc  citizens. 


No.  114. — Form  of  Declaration  of  Intention. 

I,  JoHif  Do«,  do  declare,  on  oath,  that  it  is  bona  Jide  my  intention  to  become 
a  citizen  of  the  United  States,  and  to  renounce  for  ever  all  allegiance  and  fidelity 
to  all  and  any  foreign  prince,  potentate,  state,  and  sovereignty  whatever ;  and 
particularly  to  the  queen  oj  Great  Britain  and  Irela nd,  oi  yvhom  I  was  a  subject 

JOHN  DOE. 
Sworn  in  open  court,  this       ) 
Jir$t  day  -  f  October,  1850.  ] 

Clerk's  Certificate. 

I,  JoHif  Smith,  clerk  of  the  district  court  of  the  United  States,  do  certify  that 
the  above  is  a  true  tjopy  of  the  original  declaration  of  intention  of  John  Dojc  to 
become  a  citizen  of  the  United  States,  remaining  of  record  in  my  office. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  namt;,  and  affixed  the 
seal  of  the  said  court,  thin  first  day  of  October,  one  thousand  eight  hundred  and 

fSealqfOucouH.)  JOHN  SMITH,  Ctcrk, 

12 


134  NATURALIZATION. 


No.  115. — AflBdavit  of  one  who  arrived  before  he 
was  EighteexL 

In  the  matter  of  John  Doe,  ) 
on  his  Naturalization.  ) 
John  Doe,  being  duly  sworn,  says,  that  for  the  continued  term  of  five  years 
last  past  he  has  resided  within  the  United  States,  and  that  for  one  year  last  past 
he  has  resided  within  the  state  of  Micldgan ;  and  at  the  time  he  so  arrived  in 
the  United  States  he  had  not  attained  his  eighteenth  year;  that  it  is  bona  fido 
his  intention,  and  has  been  for  the  last  three  years,  to  become  a  citizen  of  the 
United  States,  and  to  renounce  for  ever  all  allegiance  and  fidelity  to  all  and  every 
foreign  prince,  potentate,  state,  and  sovereignty  whatever ;  and  particularly  to 
Victoria,  the  queen  of  Great  Britain  and  Ireland,  of  whom  he  was  a  subject. 

JOHN  DOE. 
Sworn  in  open  court,  the         )  y         Smith   CJprk 
tenth  day  of  August,  1850.   \  ^"^^^  '^'*^'^"'  ^^^*^*- 


No.  116. — Affidavit  to  prove  the  Intention  of  be- 
coming a  Citizen,  to  accompany  the  preceding 
Affidavit. 

State  of  Michigan,      ?  .        .. 

County  of  Wayne,  y^^^^' 

John  Jones,  being  duly  sworn,  says  that  he  is  a  citizen  of  the  United  Slates-, 
that  he  is  well  acquainted  \Vith  the  above-named  John  Doe,  and  that  the  said 
John  Doe  has  resided  within  the  territory  of  the  United  States  for  five  years 
last  past,  and  for  one  year  last  past  in  the  state  of  Michigan ;  and  that  during 
such  period  he  has  behaved  himself  as  a  man  of  good  moral  character,  attached 
to  the  principles  of  the  constitution  of  the  United  States,  and  well  disposed  to 
the  good  order  and  happiness  of  the  same  ;  that  for  three  years  last  past  it  has 
been  bona  tide  the  intention  of  the  said  John  Doe  to  become  a  citizen  of  the 
United  States,  and  that  at  the  time  the  said  John  Doe  arrived  in  the  United 
States  he  had  not  attained  his  eighteenth  year, 

JOHN  JONES. 


'T»Tdl?  TL7:S:  uk  i  J°-  SM,™,  Clerk. 


No.  117. — Proof  of  Residence,  &c.,  to  be  made  at 
the  time  of  Admission. 

State  of  Indiana,  1 .    „,.. 

County  of  Jefferson,  \  ^°  ^"  * 
Peter  Smith  and  John  Jones,  being  duly  sworn,  say  that  they  are  both  of 
them  citizens  of  the  United  States  of  America;  that  they  know  John  Doe,  and 
that  he  has  resided  within  the  territory  and  jurisdiction  of  the  United  Ststcs  for 
five  years  last  past ;  that  during  that  time  he  has  behaved  as  a  man  of  good 
moral  character,  attached  to  the  principles  of  the  constitution  of  the  United  States, 
and  weU  disposed  to  the  good  order  and  happiness  of  the  same. 

PETER  SMITH, 
JOHN  JONES. 
Sworn  in  open  court,  this  first  day  of  November,  1850,  ) 
before  me,  George  Goodman,  Judge.  \ 


QUALIFICATION    OP   VOTERS    IN    EACH   STATE.  135 

No.  118.— Oath  to  snpport  the  Constitution  of  the  TJ.  States,  &c. 

I,  John  Doe,  do  solemnly  swfnr  that  I  will  snpport  tlie  constitution  of  the  United  States 
of  Ain»  ricH,  and  thnt  I  do  Bl'tsolutf'ly  «iid  entin-ly  renouiieo  and  alijure  all  a^iogianc?  and 
fi'I(>liry  to  any  torHjii  princf .  potPntat*-,  stato,  or  sovi'roiijnty  wliati'ver  ;  and  pHrticularly 
to  Victoria,  queen  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  ol  whom  I  was 
a  subject.     [Any  ti'le  or  ord>T  of  noliilitv  m\i?t  also  lie  renounced.] 

Sworn  in  open  court,  tha  first  day  of  November,  1855,  ?  JOHN  DOE. 

before  me,  Geobqe  Goodman,  Judge.  5 


No.  119.— Certificate  of  Citizenship. 

United  States  of  Amerirn,  ) 

State  of  Indiana.  County  of  Jefferson,  3     * 

B>'  it  roinetntn^rt'd,  thnt  on  thofiratdny  of  November,  in  the  year  of  our  I.ord  one  thousand 
eight  hnndred  and  fifty  five  John  Doe  app'^and  in  the  circnit  court  (the  said  court  bfin^ 
B  court  of  record,  havinsr  coinmon-law  juri-^diction,  and  a  clerk  and  fcal),  and  applied  to 
the  said  court  to  be  admitted  to  b»come  a  citizen  olthe  United  Stati  s  of  America,  pursuant 
to  the  provisions  of  the  several  acts  of  the  Conjrress  of  the  United  States  of  America,  for 
that  pui-pose  made  and  provided  ;  and  the  said  applicant  havinjr  therenpon  produced  to 
the  court  such  evidence,  made  such  declaration  and  renunciation,  and  t^ak^n  such  oaths 
as  are  hy  the  saiii  acts  required  :  Thereupon,  it  was  ordered  by  the  said  court,  that  the 
said  applicant  be  admitted,  and  he  was  accordingly  admitted  by  the  said  court,  to  be  a 
citiz!-n  of  the  United  Stales  of  America. 

In  testimony  whereof,  the  seal  of  said  court  is  hereunto  nflRxed,  th\'>  first  day  of  iVbreja- 
ber,  one  thousand  eight  hundred  and  fifty  five,  and  in  the  seventy-eighth  year  of  our  In- 
dependence. Per  curiam.  JOHN  SMITH,  Clerk. 
rSeal  of  the  Court.) 


QUALIFICATION  OF  VOTERS  IN  EACH  STATE. 

Maime.— Every  male  citizen  of  the  United  States  of  the  ao:e  of  twenty-one  years  (except- 
hi?  paupers,  persons  under  guardianship,  and  Indians  not  taxed),  having  his  residence  es- 
tablished in  itiis  slate  for  the  term  of  three  months  next  preceding  any  election,  shall  be  an 
elector  in  the  town  or  plantation  where  his  residence  is  so  established. 

New  Hampshire.— Every  male  inhabitant  twenty-one  years  of  age  (excepting  paupers, 
and  neiboiis  excused  from  paying  taxes  at  their  own  request),  resident  in  the  state  six 
months,  and  of  the  town  three  montlis  next  preceding  the  election,  is  entitled  to  vote. 

Vermo.nt.— Etery  man  of  the  full  age  of  twenty-one  years,  having  resided  in  the  state 
for  the  space  of  one  whole  year  and  in  tlie  town  three  mouths  next  before  the  election,  who 
is  of  a  quiet  and  peaceable  I  <^haviur,  and  has  taken  the  freeman's  oath,  shall  be  entitled  to 
all  the  privileges  of  a  freeman. 

Massach(;setts. — Every  male  citizen  of  the  age  of  twenty-one  years  (except  paupers 
■ml  persona  under  guardianship),  whu^ias  resided  in  the  Commonwealth  one  year,  and  in 
the  town  or  district  in  which  he  claims  a  right'to  vote.six  months  next  preceding  the  elec- 
tion, may  vote,  provided  tliey  have  paid  all  taxes  assessed  upon  them  (unless  legally  ex- 
empted) wiihin  two  years  next  precedhijf  the  day  of  election. 

Rhode  Island.— The  rif  ht  of  suflrage  is  granted- to  every  male  na«u«  citizen  of  the  United 
States  twenty-one  Tear8.o?  age,  who  has  had  his  residence  and  home  in  the  state  two  years 
■nd  in  the  town  wuere  be  purposes  to  vote  six  months  next  preceding  the  time  of  election, 
whose  name  has  been  registered  in  the  town-clerk's  of^ce  at  least  seven  days.ljeforc  he  shall 
offer  bis  vole,  and  who  shall  have  paid  a  lax  of  one  dollar,  or  done  military  duty  within  the 
preceding  year;  also  any  male  citrzen  (naturalized  foreigner)  of  the  United  States  who, 
in  addition  to  the  preceding  qualifications  (except  only  one  year's  residence  is  required), 
possesses  real  esute  in  the  town  or  city  where  he  offers  his  vote  of  the  value  of  $134  over 
•od  above  all  incumbrances,  or  which  rents  for  seven  dollars  per  annum.  The  constitutional 
proviaions  are  much  more  in  detail  than  the  above. 

CowMECTTCOT.— Every  white  male  citizen  of  the  United  States  who  shall  haro  gained  a 
settlement  In  this  state;  attained  th«  age  of  twenty-one  years,  and  resided  in  the  town  in 
which  he  may  offer  himself  to  l)«  admitted  to  the  privilege  of  an  elector,  at  least  six  months 
praoedbi^,  aod  have  a  freehold  estate  of  llie  yearly  rahie  of  seven  dollars  in  this  state;  or 
bavlog  Men  earolled  ia  tto  militia,  shall  have  performed  military  duty  therein,  for  the  term 
of  on*  Twr  next  pi«e«diiiff  the  time  he  shall  offer  himself  for  admission,  unless  legally 
ezcvsM  Iberefrom }  or  stamlT  have  paid  a  state  lax  within  the  year  next  preceding  the  time 
be  shall  present  himself,  for  such  admission,  and  shall  sustain  a  good  moral  character, 
shall,  OD  his  taking  such  oath  a«  may  tie  prescriiied  by  law,  be  an  elector.  Every  voter 
UUist  also  be  able  to  read  any  section  of  the  constitution  of  the  state  and  of  the  United  States. 

New  Yoax.— Everr  male  citizen  aged  twenty-one  years,  who  shpll  have  been  a  citizen 
ten  days,  and  Is  an  inaabltaot  of  this  sUle  one  year  next  preceding  any  election,  and  for  the 


136     QUALIFICATION  OP  VOTERS  IN  EACH  STATE. 

last  four  months  a  resident  of  the  county,  and  for  thirty  days  of  the  district,  from  which  tae 
officer  is  to  be  chosen  for  whom  he  offers  his  vote,  shall  be  entitled  to  vote. 

Men  of  color,  who  are  possessed  of  a  freehold  estate  of  the  value  of  two  hundred  and  fifty 
dollars,  and  residents  of  the  state  three  years,  and  for  one  year  seized  of  said  estate  of  two 
hundred  and  fifty  dollars  over  and  above  all  debt  and  incumbrances  charg^ed  thereon,  tmd 
who  shall  have  been  actually  .rated  and  paid  a^ax  thereon,  are  entitled  to  vote. 

New  Jersey. — Every  white  male  citizen  of  the  United  States  of  the  asfe  of  twenty-one 
years,  havin*  been  a  resident  of  the  state  one  year,  .and  of  the  county  live  months,  next 
Before  the  election,  and  who  actually  resides  in  the  township  where  he  claims  his  vote, 
shall  be  entitled  to  vote  (paupers,  idiots,  insane  persons,  and  criminals,  excepted). 

Pennsylvania.— Every  white  freeman,  being  a  citizen  of  the  United  States  of  the  &ge  of 
twenty-two  years,  having  resided  in  the  slate  one  year,  and  in  the  election  district  where 
he  offers  his  vote  ten  days  immediately  preceding  such  election,  and  within  two  years  paid 
a  state  or  county  tax  which  has  been  assessed  at  Jeast  ten  days  before  the  election,  shall  en- 
joy the  rights  of  an  elector.  Persons  between  the  ages  of  twenty-one  and  twenty-two  years 
wuh  residence  as  above,  can  vote  without  paying  a  tax.  A  previously-qualified  voter  in  the 
state,  on  returning,  can  vote  after  a  residence  of  six  months. 

Delaware. — Every  free  white  male  citizen  of  the  asre  of  twenty-two  years  or  upward, 
having  resided  in  the  state  one  year  next  before  the  election,  and  -the  last  month  thereof  in 
the  county  where  he  offers  to  vote,  and  having, -within  two  years  next  "before  the  election, 
paid  a  county  tax,  which  shall  have  been  assessed  at  least  six  -months  "before  the  election, 
shall  enjoy  the  right  of  an  elector;  and  every  free  white  male  citizen  of  die  age  of  twenty- 
one  years  and  under  the  age  of  twenty-two  years,  having  resided  as  aforesaid,  shall  be  en- 
titled to  vote  without  payment  of  any  tax. 

Maryland.— Every  free  male  person,  being  a  citizen  of  the  United  States,  above  twenty- 
one  years  of  age,  having  resided  in  tlie  state  one  year,  and  six  months  in  the  county,  next 
preceding  the  election  at  which  he  offers  to  vote,  shall  have  the  right  of  suffrage. 

Virginia. — Every  white  male  citizefi  of  the  commonwealth  of  the  age  of  twenty-one 
years,  who  has  been  a  resident  of  the  state  two  years,. and  of  the  county  or  town  where  he 
offers  to  vote  for  twelve  months  next  preceding  an  election,  shall  be  qualified  to  vote. 

North  Carolina. — All  freemen  (persons  of  color  excepted)  of  the  age  of  twenty-one 
years,  who  have  been  inhabitants  of  any  one  district  within  the  state  twelve  months  imme- 
diately preceding  the  day  of  any  election,  and  shall  have  paid  public  taxes,  shall  be  entitled 
to  vote  for  members  of  the  house  of  commons  for  the  district  iji  which  he  resides,  and  for 
the  governor ;  to  vote  for  a  member  of  the  senate  he  must  have  in  addition  to  the  same  qual- 
ification a  freehold  of  fifty  acres  of  land  in  the  county  in  which  he  offers  to  vote. 

South  Carolina.- Every  free  white  man  of  the  age  of  twenty-oue  years  (paupers  ex- 
cepted), being  a  citizen  of  this  state,  and  having  resided  therein  two  years  previous  to  the 
day  of  election,  and  who  hath  a  freeiiold  of  fifty  acres  of  land,  or  a  town  lot,  of  which  he 
hath  been  legally  seized,  and  possessed  at  least  six  months,  before  such  election,  or  not  hav- 
ing such  freehold  or  town  lot,  hath  been  a  resident  in  the  election  district  in  which  he  offers 
to  give  his  vote  six  months  before  the  said  election,  and  hath  paid  a  tax  the  preceding  year 
of  three  shillings  sterling  to  the  support  of  government,  shall  have  a  right  to  vote  for  members 
of  the  legislature  for  the  election  district  in  which  he  holds  such  properly,  or  is  resident. 

Georgia. — An  elector  must  be  twenty-one  years  of  age;  a  citizen  and  inhabitant  of  the 
state  one  year ;  of  the  county  six  months ;  and -have  paid  all  the  taxes  which  may  have  been 
required  of  him,  and  which  he  has  had  an  opportunity  of  paying  agreeably  to  laws  for  the 
year  preceding  the  election.  In  all  elections  for  governor  or  electors  of  president  and  vice- 
president,  the  county  residence  is  not  required. 

Florida.— Every  free  white  male  person  of  the  age  of  twenty-one  years,  a  citizen  of  the 
United  States,  a  resident  of  the  state  two  years,  and  of  the  county  in  which  he  may  offer  his 
vote  six  months,  immediately  preceding  the  election,  and  who  snail  be  enrolledln  the  mili- 
via  of  I  he  state  (unless  exempted  from  militia  duty),  is  a  qualified  elector. 

Alabama.— Every  white  male  citizen  of  the  age  of  twenty-one  years,  who  shall  be  a  citi- 
zen of  the  United  States,  having  resided  in  this  state  one  year  next  preceding  an  election, 
and  the  last  three  months  in  the  city,  county,  or  town,  in  which  he  offers  to  vote,  shall  be 
deemed  a  qualified  elector. 

Mississippi. — Every  free  white  male  citizen  of  the  United  States  of  the  age  of  twenty-one 
years,  who  shall  have  resided  in  the  state  one  year  next  preceding  an  election,  and  the  last 
four  months  within  the  county,  city,  or  town,  in  which  he  offers  to  vote,  is  a  qualified  voter. 

Louisiana. — Every  free  white  male  two  years  a  citizen  of  the  United  States,  of  the  age 
of  twenty-one  years,  having  resided  in  the  8tate  one  year  next  preceding  the  election,  the 
last  six  mouths  thereof  in  the  parish  in  which  he  offers  to  vote,  has  a  rigrit  to  vote ;  but  no 
person  who  fights  a  duel,  acta  as  second,  or  fends  or  accepts  a  challenge,  can  hold  office  or 
enjoy  the  right  of  suffrage. 

Texas. — Every  free  male  person  over  the  age  of  twenty-one  years,  a  citizen  of  the  Uni- 
ted States  (Indians  not  taxed,  Africans,  and  descendants  of  Africans,  excepted)  who  shall 
have  resided  in  the  state  one  year  next  preceding  an  election,  and  the  last  six  months  in  the 
district,  county,  or  town,  in  which  he  ofiiers  to  vote,  shall  be  deemed  a  qualified  voter,  pro- 
Tided  that  qualified  voters  shall  be  permitted  to  vote  anywhere  in  the  state  for  state  officers. 

Arkansas.— Every  free  white  male  citizen  of  the  United  Slates  (except  idiots,  insane  per- 
sons, and  persons  convicted  of  infamous  crimes),  twenty-one  years  of  age,  a  resident  of  the 
state  six  months  next  sreceding  tiie  election,  and  of  the  county  ia  which  be  claims  to  vote. 
J  entitled  to  vote. 


/ 


QUALIFICATION  OF  VOTERS  IN  EACH  STATE.     137 

Teknessee.— Every  free  white  man  twenty-one  years  of  age,  a  citizen  of  the  United 
States,  and  resident  of  the  county  wherein  he  offers  his  vote  six  months  next  preceding  the 
election,  is  entitled  to  vote.  Also,  all  male  persons  of  color  of  twenty-one  years  of  ape, 
who  are  competent  witnesses  in  a  court  of  justice  ag^ainst  a  white  man,  are  entitled  to  vote. 

Kkntucky.— Every  free  white  male  citizen  of  the  age  of  twenty-one  years,  having  had  a 
residence  in  the  state  of  two  years,  and  in  the  county  in  which  he  offers  to  vote  one  year 
next  preceding  the  election,  is  entitled  to  the  right  of  suffrage. 

Ohio. — Every  white  male  citizen  of  the  United  States  of  the  ape  of  twenty-one  years,  who 
sbiUl  have  been  a  resident  of  the  state  one  year  next  preceding  the  election,  and  of  the 
county,  township,  or  ward,  in  which  he  resides  such  lime  as  may  be  provided  by  law,  shall 
have  the  qualification  of  an  elector,  and  be  entitled  to  vote  at  all  elections. 

Michigan.— The  right  of  suffrage  is  held  by  every  white  male  citizen  above  the  age  of 
twenty-one  years  ;  every  white  niale  citizen  residing  in  the  state  on  the  24th  of  .Tune,  1835; 
every  white  male  inhabitant  residing  in  the  state  on  the  Ist  of  January,  1850,  who  has  de- 
clared his  intention  to  become  a  citizen  of  the  United  States  six  months  preceding  an  elec- 
tion, or  who  has  resided  in  the  state  two  years  and  six  months,  and  declared  his  intention 
M  aforesaid,  and  every  civilized  male  inhabitant  of  Indian  descent,  a  native  of  the  United 
States,  and  not  a  member  of  any  tribe ;  but  no  citizen  or  inhabitant  shall  be  entilled  to  vote 
at  any  election  unless  he  has  resided  in  the  state  three  months,  and  in  the  township  or  ward 
in  which  he  offers  to  vote  ten  days  next  preceding  such  election. 

Indiana.— Every  white  male  citizen  of  the  United  States  of  the  age  of  twenty-one  years 
and  upward,  who  shall  have  resided  in  the  state  during  tlie  six  months  immediklely  prece- 
ding an  election,  and  every  white  male,  of  foreign  birth,  of  the  age  of  twenty-one  years 
and  upward,  who  shall  have  resided  in  the  United  States  one  j'ear,  and  in  the  state  during 
the  six  months  next  preceding  such  election,  and  shall  have  declared  his  intention  to  become 
a  citizen  of  the  United  States  ,hall  be  entitled  to  vote  in  the  town  or  precinct  where  he  may 
reside. 

Illinois.— All  white  male  citizens  of  the  age  of  twenty-one  years,  having  had  a  residence 
in  the  state  one  year  next  preceding  the  election,  can  exercise  the  elective  franchise. 

MiMotnti.— Every  free  white  male  citizen  of  the  United  States  of  the  aj^e  of  twenty-one 
years,  who  shall  have  resided  in  the  state  one  year  before  an  elecfion,  the  last  three  months 
whereof  shall  have  been  in  the  county  or  district  where  he  offers  to  vote,  shall  be  an  elector. 

Iowa.— Every  white  male  citizen  of  the  United  States  (idiots,  msane  persons,  and  per- 
•ons  convicted  of  an  infamous  crime,  excepted),  of  the  age  of  twenty-one  years,  a  resident 
of  the  state  six  months  next  preceding  the  election,  and  of  the  county  in  which  he  claims  to 
▼ote  twenty  days,  ts  entitled  to  vote. 

Wisconsin.— Every  male  citizen  of  the  age  of  twenty-one  years,  resident  in  the  state  one 
year  next  preceding  an  election,  belonging  to  either  of  the  following  classes,  is  a  qualified 
elector;  1.  White  citizens  of  the  United  States.  2.  White  persons  of  foreign  birth  who 
have  declared  their  intentions  to  become  citizens,  conformably  to  the  laws  of  the  United 
States  on  the  subject  of  naturalization.  3.  Persons  of  Indian  blood  who  have  once  been 
declared  by  the  laws  of  Congress  to  be  citizens  of  the  United  States.  4.  Civilized  persons 
of  Indian  descent,  not  members  of  any  tribe. 

Minnesota.— All  free  white  male  inhabitants  over  the  age  of  twenty-one  years,  who  shall 
haTe  resided  within  this  territory  for  six  months  next  preceding  an  alection,  shall  be  enti- 
tled to  vote;  provided,  that  tliey  shall  be  citizens  of  the  United  States,  or  shall  have  resided 
within  the  United  States  for  a  period  of  two  years  next  preceding  such  election,  and  de- 
clared  on  oath  their  intention  to  become  such,  and  also  to  support  the  constitution  of  the 
United  States,  and  the  territorial  government  of  Minnesota.  Ali  persons  of  mixed  white 
or  Indian  blood  who  have  adopted  the  customs  and  habits  of  civilization,  are  entitled  to  vote. 
No  insane  person,  or  person  who  has  been  convicted  of  an  infamous  crime,  unless  restored 
to  civil  rights,  shall  be  permitted  to  vote. 

Kansas.— Every  white  male  citizen  of  the  United  StateS:  and  civilized  male  Indian,  twenty- 
one  years  of  age,  who  shall  have  resided  and  had  his  home  and  place  of  permanent  abode  m 
the  state  pIx  inontliH.  in  the  county  thirty  days,  and  in  the  district  where  he  offers  his  vote 
tendayt.  i:  i  receding  the  election,  shall  be  deemed  a  qualified  elector.    Tersons 

engaging  •  r  as  principals  or  assistants,  lose  the  righu  of  an  elector. 

New  M  >  r y  white  male  citizen  of  the  United  States,  over  twenty-one  years  of 

age,  who  in;iii  nave  resided  in  the  territory  over  one  year,  and  in  the  county  in  which  he 
offers  to  vote  for  three  months,  shall  be  entitled  to  vote  and  be  elected  to  office  in  any  elec- 
tion. No  person  prevented  by  the  organic  law  of  the  territory,  no  officer  or  soldier  in  the 
Untted  States  army,  and  no  lierson  included  In  the  term  "  camp  followers"  of  the  United 
States  army,  shall  be  entitled  to  vote  or  hold  office  in  this  territory. 

Utah.— All  free  white  male  citizens  of  the  age  of  eu/hfeen  years  shall  be  considered 
leiral  voters.  Military  officers  or  soldiers  in  the  United  States  service,  stationed  within  the 
territory,  are  excepted. 

Orrcom  — All  white  male  inhahttants  over  the  age  of  twenty-one  years,  who  shall  have 
leetded  within  this  territory  fnr  six  month.)  next  prorPfllm'  an  fi<»rtion.  kIkiII  be  entitled  to 
vote  (M'veUfd,  that  then    ''  '         '•  •  'ive  declared  their 

laliliifaii,  OB  oatta,  to  b<"  territory,  and  (if- 

teen  daijs  la  tbe  eoanty  <>r  election.    Per- 

■ool  tMoe  or  conrictf'i  ts  of  the  United 

Siatea  amy,  tntleas  tbey  were  rcMuicuu  of  the  ici  riiot  v  ui  lLo  liiuu  of  their  enlistment. 

12* 


138  PATENT    LAWS    AND    REGUIA TIONS. 


PATENT  LAWS  AND  REGULATIONS. 

The  laws  now  in  force  relative  to  patents  are  those  approved  July  4  18»6. 
March  3,  1837,  March  3,  1839,  August  29,  1842,  May  27,  1848,  and  March  3, 1849. 
Tlie  forms  resting  upon  these  are  fixed,  and  can  not,  of  course,  be  varied  without 
the  intei-vention  of  Congress ;  but  rules,  having  their  origin  in  the  commissioner, 
can  be  revised  or  modified  at  his  discretion. 

For  what  PafeJits  may  he  grunted. — By  the  act  of  1836,  section  6,  patents 
were  granted  for  any  new  and  useful  art,  machine,  manufacture,  or  compositioa 
of  matter,  or  any  new  and  useful  improvement  on  any  art,  machine,  manufacture, 
or  composition  of  matter,  not  known  or  used  by  others  before  the  applicant's  dis- 
covery or  iuveulion  thereof,  and  not,  at  the  time  of  his  application  for  a  patent,  in 
public  use,  or  on  sale,  with  his  consent  or  allowance,  as  the  inventor  or  discov- 
erer ;  but,  by  the  act  of  the  3d  of  March,  1839,  no  patent  is  held  to  be  invalid  by 
reason  of  the  purchase,  sale,  or  use  of  the  invention,  prior  to  the  application  for  a 
patent,  except  on  proof  of  abandonment  of  such  invention  to  the  public,  or  that 
such  purchase,  sale,  or  public  use,  has  been  for  more  than  two  years  prior  to  such 
application  for  a  patent. 

By  the  third  section  of  the  act  of  1842,  patents  are  also  granted  fornew  and 
original  designs : — 

i.  For  a  mniiufiictare,  whether  of  metal  or  other  material. 

2.  For  the  printing  of  woollen,  silk,  cotton,  or  other  fabrics. 

3.  For  busts,  statues,  or  bas-reliefs,  or  composition  in  alto  or  basso  relievo. 

4.  For  any  imprt^ssion  or  ornament  (whether  complete  in  itself,  or)  to  be  placed 
on  any  article  of  manufacture  in  marble  or  other  material. 

5.  For  any  new  and  original  pattern,  or  print,  or  picture,  to  be  either  worked 
into  or  worked  on,  or  panted  or  painted,  or  cast  or  otherwise  fixed  on,  any  article 
of  manufacture. 

6.  For  any  new  shape  or  configuration  of  any  article  of  manufacture. 
All  sucli  designs  not  being  previously  known  or  u.sed  by  others. 

2'o  tchom  Pfiteuts  may  be  granted. — Patents  are  granted  to  citizens  of  the 
United  Stales  ;  to  aliens  who  shall  have  been  resident  in  tlie  United  States  one 
year  next  preceding,  and  shall  have  made  oath  of  their  intention  to  become  citi- 
zens thereof;  to  one  or  more  assignees  of  entire  patent-rights  ;  to  administrators 
and  executors,  and  to  foreign  inventors  or  discoverers :  but  the  law  makes  no 
piovisiou  for  granting  to  the  latter  patents  for  new  and  original  designs. 

In  case  of  the  decease  of  an  inventor  before  he  has  obtained  a  patent  for  his 
invention,  ♦'the  right  of  applying  for  and  obtaining  such  patent  shall  devolve  on 
tlxi  administrator  or  executor  of  such  person,  in  trust  for  the  heirs-at-law  of  the 
dvicease-l,  if  he  shall  have  died  intestate  ;  but  if  otherwise,  then  in  trust  for  his 
devisees,  in  as  full  and  ample  manner,  and  under  the  same  conditions,  limitations- 
and  restrictions,  as  the  same  was  held,  or  might  have  been  claimed  or  enjoyed, 
by  such  person  in  his  or  her  lifetime ;  and  when  application  for  a  patent  shall  be 
made  by  such  legal  representatives,  the  oath  or  affirmation  shall  be  so  varied  as 
to  be  applicable  to  them."  Joint  inventors  are  entitled  to  a  joint  patent,  but  nei- 
ther can  claim  one  separately. 

*  What  will  prevent  the  granting  of  a  Patent.—'Eyen  althougli  the  applicant  has  in  e-ood 
faith  actually  made  an  invention,  a  patent  liierefor  will  not  be  granted  him  if  the  whole  or 
any  part  of  wluit  he  claims  as  new  had  before  l)een  patented  or  described  in  any  printed 
publication  in  this  or  any  foreign  country,  or  even  if  it  b.ad  before  been  invented  or  discov- 
ered in  this  country,  or  if  he  has  once  abandoned  his  invention  to  the  public ;  or  if,  with  his 
consent  and  allowrance,  it  has  been  for  more  than  two  years  in  public  use  or  on  sale.  The 
mere  fact  of  prior  invention  or  discovery  abroad  will  not  prevent  the  issue  of  the  patent, 
unless  the  invention  had  been  there  patented  or  described  in  some  printed  publication. 
Merely  conceiving;  the  idea  of  an  improvement  or  machine  in  this  country,  is  not  such  aq 
"invention"  or  ♦•discovery"  as  is  above  contemplated.    The  invention  muat  have  been  re- 


PATENT  LAWS  AND  REGULATIONS.         139 

Mode  of  Proceeding  to  obtain  a  Patent. — The  application  must  be  made  by 
the  actaal  inventor,  if  alive,  even  allhoaph  the  patent  is  to  issue  tolhe  assignee  ; 
bat  where  the  inventor  is  dead,  the  application  and  oath  may  be  made  by  the 
executor  or  administrator. 

The  application  must  be  in  writing,  signed  by  the  applicant,  and  addressed  to 
the  commissioner  of  patents. 

The  following  is  the  usual  form,  to  be  varied  according  to  circumstances :— 

No.  120.— Form  of  Petition. 

To  the  Commissioner  of  Patents: 
The  petition  of  John  Fitch,  oi  Philadelphia,  in  the  county  oi  Philadelphia,  and 
State  oi  Pennsylvania — 
Rbspectfullt  rrpresents,  That  your  petitioner  has  invented  a  new  and 
improved  mode  of  preventing  steam-boilers  from  bursting;  which  he  verily  be- 
lieves has  not  been  known  or  used  prior  to  the  invention  thereof  by  your  peti- 
tioner. He  therefore  prays  that  letters-patent  of  the  United  States  mny  be 
granted  to  him  therefor,  vesting  in  him  and  his  legal  representatives  the  exclusive 
right  to  the  same,  upon  the  terms  and  condition  expressed  in  the  act  of  Congress 
in  that  case  made  and  provided:  he  havinsr  paid  thirty  dollars  into  the  treasury, 
and  complied  with  the  other  provisions  of  the  said  acL 

JOHN  FITCH. 

The  applicant  most  set  forth  in  his  specification  the  precise  invention  for  which 
he  claims  a  patent. 

If  claimed  as  a  mere  improvement  on  another  invention,  that  fact  should  bo 
clearly  stated ;  and  if  claimed  as  substantially  differing  from  another  invention 
with  which  it  aj»f»ear3  to  be  coincident,  the  ditlerence  must  be  clearly  pointed  out. 

Two  or  more  separate  machines  will  not  be  allowed  to  be  the  subject  of  one 
patent,  whatever  be  the  purpose  for  which  they  are  used.  This  is  intended  to 
change  the  practice  of  the  office  in  those  respcrts  wherein  in  certain  cases  all 
the  machine*  used  in  the  manufacture  of  one  article  are  allowed  to  be  claimed  in 
one  application. 

The  Bjjecificntion  must  be  signed  by  the  inventor  (or  by  his  executor  or  admin- 
istrator if  tlie  inventor  be  dead;,  and  attested  by  two  witnesses.  It  should  de- 
scribe the  sections  of  the  drawings  (where  there  are  drawings),  and  refer  by  let- 
ters and  figures  to  the  different  parts.  The  I'ollowing  is  the  form  adopted  by  the 
office : — 

No.  121.— Form  of  Specification. 

To  ALL  WHOM  IT  MAY  CONCERN:  Be  it  know  that  I.John  Fitch,  of  PAf/- 
adflphi",  in  the  .state  of /'en '//ly/fa/rw,  have  invented  a  new  and  improved  mode 
aX  preventing  steumboilers  from  bursting  ;  and  I  do  hereby  declare  that  the  fol- 
lowinjT  is  a  full  and  exact  description  thereof,  reference  being  had  to  the  accom- 
panying drawings,  and  to  the  letters  of  reference  marked  thereon. 

The  nature  of  ray  invention  consists  in  providing  the  upper  part  of  a  stcam- 
bofler  with  an  aperture  in  addition  to  that  for  the  safety-valve;  which  aperture  is 
to  be  closed  by  a  plug  or  disk  oi  alloy,  which  will  fuse  at  any  given  degree  of  heat, 
and  permit  the  steam  to  escape,  should  the  safety-valve  fail  to  perform  its  func- 
tiotis. 

To  enable  others  skilled  in  the  art  to  make  and  use  my  invention,  I  will  pro- 
ceed to  describe  its  construction  and  operation.  I  construct  my  steam-boiler  in 
any  of  the  known  forms,  and  apply  thereto  gauge-cocks,  a  safety-valve,  and  the 
othtr  apiiendflires  of  such  Iwilers  ;  hut.  in  order  to  obviate  the  danger  arising  from 
thi»  adhc«ion  of  the  wfety-valve,  and  from  other  causes,  I  make  a  second  opening 
in  the  top  of  the  boiler,  similar  to  that  made  for  the  safety-valve,  as  shown  at  A, 

dae«d  to  a  practical  form,  either  by  t!  ij  of  the  machine  itaelf,  or  of  a  model 

tberrof,  or  nt  leatt  by  mtthing  ii  full'!-  'fDro  It  will  prevent  a  aiibsequent  in- 

ventor from  obtaining  a  pat'-nt.    (8h.  ■  ieath,  and  Perry  v*.  ComeU,  decided  by 

Judge  Craoeb  oa  aa  appeal  from  iho  c . _-r.) 


140  PATENT   LAWS   AND   KEGULATIONS. 

in  the  accompanying  drawing ;  and  in  this  opening  I  insert  a  plag  or  disk  of  fusi- 
ble alloy,  securing  it  in  its  place  by  a  metal  ring  and  screws,  or  otherwise.  This 
fusible  metal  1,  in  general,  compose  of  a  mixture  of  lead,  tin,  and  bismuth,  in 
Buch  proportions  as  will  insure  its  melting  at  a  given  temperature,  which  must  be 
that  to  which  it  is  intended  to  limit  the  steam;  and  will,  of  course,  vary  with  the 
pressurfe  the  boiler  is  intended  to  sustain. 

I  surround  the  opening  containing  the  fusible  alloy  by  a  tube,  B,  intended  to 
conduct  off  any  steam  which  may  be  discharged  therefrom.  When  the  tempera- 
ture of  the  steam  in  such  a  boiler  rises  to  its  assigned  limit,  the  fusible  alloy  will 
melt,  and  allow  the  steam  to  escape  freely,  thereby  securing  it  from  all  danger  of 
explosion.  ^ 

What  I  claim  as  my  invention,  and  desire  to  secure  by  letters-patent,  is  the 
application  to  steam-boilers  of  a  fusible  alloy,  which  will  melt  at  a  given  tempera- 
ture, and  allow  the  steam  to  escape,  as  herein  described,  using  for  that  purpose 
the  aforesaid  metallic  compound,  or  any  other  substantially  the  same,  and  which 
wvll  produce  the  intended  effect.  JOHN  FITCH. 

WitnessPS    ^  ROBERT    FULTON, 

Witnesses,  J  q^.^^^  T^vi^tia. 

When  the  application  is  for  a  machine,  the  specification  should  commence 
thus : — 

Be  it  known  that  T,  John  Fitch,  of  Philadelphia,  in  the  county  of  Philadel- 
phia, and  state  of  Pennsylvania,  have  invented  a  new  and  useful  machine  for 
[stating  the  use  and  title  of  the  machine ;  and  if  the  application  is  for  an 
improvement,  it  should  read  thus  :  a  new  and  useful  improvement  on  a,  or,  on 
the,  machine,  &c.],  and  I  do  hereby  declare  that  the  following  is  a  full,  clear, 
and  exact  description  of  the  construction  and  operation  of  the  same;  reference 
being  had  to  the  annexed  drawings,  making  a  part  of  this  specification,  in  which 
figure  1  is  a  perspective  view  ;  figure  2  a  longitudinal  elevation  ;  figure  3  a  trans- 
verse section,  &c. ;  [thus  describing  all  the  sections  of  the  drawings,  and  then 
referring  to  the  parts  by  letters.  Then  follows  the  description  of  the  construction 
and  operation  of  the  machine;  and  lastly  the  claim,  which  should  express  the 
nature  and  character  of  the  invention,  and  identify  the  parts  claimed  separately 
or  in  combination.  If  the  specification  is  for  an  improvement,  the  original  inven- 
tion should  be  disclaimed,  and  the  claim  confined  to  the  improvement] 

The  applicant  must  then  make  oath  or  affirmation,  which  must  be  substantially 
as  follows : — 

No.  122 —Form  of  Oath. 

City  and  County  ot  Philadelphia,  > 
St&te  of  Pennsi/lvania,  y' 

On  this ^rs^  day  of  December,  1855,  before  me,  the  subscriber,  a  justice  of  the 
peace,  personally  appeared  the  within  named  John  Fitch,  and  made  solemn 
oath  (or  affirmation)  that  he  verily  believes  himself  to  be  the  original  and  first  in- 
ventor of  the  mode  herein  described  for  preventing  steam-boilers  from  bursting; 
and  that  he  does  not  know  or  believe  the  same  was  ever  before  known  or  used ; 
and  that  he  is  a  citizen  of  the  United  States. 

(Signed)  JOHN  SMITR,  Justice  of  the  Peace. 

In  the  case  of  an  alien  who  has  taken  the  requisite  steps  to  become  uataraN 
ized,  the  following  form  should  be  adopted : — 

City  and  County  of  Philadelphia.  ? 
State  of  Pennsylvania,  j  **' 

On  t\x\fi  first  day  of  December,  1855,  before  me,  the  subscriber,  a  justice  of  the 
peace,  personally  appeared  the  within  named  John  Fitch,  and  made  solemn 
oath  (or  affirmation)  that  he  verily  believes  himself  to  be  the  original  and  first  in- 
ventor of  the  mode  herein  described  for  preventing  steam-boilers  from  bursting , 
and  that  he  does  not  know  or  believe  the  same  was  ever  before  known  or  used  ; 
and  that  he  is  a  native  of  the  kingdom  of  Great  Britain ;  that  he  has  resided  withio 


PATENT   LAWS   AND   REGULATIONS.  14J 

die  United  States  for  the  whole  of  the  past  year,  and  has  talsen  the  oath  prescribed 
by  law  for  becoming  naturalized  in  this  country. 

(Signed)  JOHN  SMITH,  Justice  of  the  Peace. 

If  the  applicant  is  an  alien  not  residing  in  the  United  States,  or  if  he  has  not 
taken  the  requisite  steps  to  become  naturalized,  the  oath  must  be  modified  ac- 
cordingly. The  oath  may  be  taken  before  any  person  authorized  by  law  to  ad- 
minister oaths.  When  the  oatli  is  taken  in  a  foreien  country,  the  oath  may  be 
taken  before  any  minister  plenipotentiary-,  charg6  d'affaires,  consul,  or  commercial 
agent,  holding  commission  under  the  government  of  the  United  States,  or  before 
any  n<itarj-  public  of  the  country  in  which  the  oath  is  taken,  being  attested  in  all 
cases  by  the  proper  seal 

The  drawings  required  by  law  should  generally  be  in  perspective.  Snch  parts 
as  can  not  be  sliown  in  perspective  must,  if  described,  be  represented  in  plans, 
nections,  or  d''tai!s  Duplicate  drawings  should  be  sent  to  the  office  in  the  finst 
instance.  They  should  be  neatly  executed  on  sheets  separate  from  the  other  papers 
from  eighteen  to  nineteen  inches  from  top  to  bottom,  and  not  less  than  thirteen 
across,  nor  more  than  twenty -five,  unless  more  space  is  necessary  to  exhibit  the 
device  or  machine  with  clearness.  One  of  these  drawings,  which  is  to  be  kept  in 
the  office  for  reference,  should  be  on  stiii'  drawing-paper.  The  other,  which  is  to  be 
attached  to  the  patent,  should  have  a  margin  of  one  inch  at  least  for  that  purpose  on 
the  right-hand  side,  and  should  be  on  some  material  that  will  bear  folding  and 
trans|iortation.  Each  part  should  be  distinguished  by  the  same  number  or  letter, 
wherever  that  part  is  delineated  in  the  drawings,  and  should  be  referred  to  in  the 
specification  by  such  letter  or  number  These  drawings  should  be  signed  by  the 
applicant,  and  attested  by  two  witnesses. 

The  model  must  be  neatly  and  substantially  made  of  durable  material,  and  not 
more  tlian  one  foot  in  lengtli  or  height,  except  when  a  larger  model  is  permitted 
by  special  reasons  to  be  shown  by  the  applicant.  Models  filed  as  exhibits,  in 
interference  and  other  cases,  should  also,  as  far  as  practicable,  conform  to  this  rule 
as  to  size.  Should  they  exceed  this  limit,  they  will  not  be  preserved  in  the  office 
after  the  termination  of  the  case  to  which  they  belong.  If  made  of  pine  or  other 
soft  wood,  they  should  be  painted,  stained,  or  varnished.  A  working  model  is 
always  desirable,  in  order  to  enable  the  office  fully  and  readily  to  understand  the 
precise  operHtion  of  the  machine.  The  name  of  the  inventor,  and  also  of  the  aa- 
aignee  (if  assifrned),  must  be  fixed  upon  it  in  a  permanent  manner. 

When  the  invention  is  of  a  composition  of  matter,  a  specimen  of  the  ingredients 
and  of  the  composition,  must  accompany  the  application,  and  the  name  of  the  in- 
venU)r.  and  assignee  (if  there  be  one],  must  be  permanently  affixed  tlbereto. 

Modeln  or  specimens  forwarded  without  a  name  are  liable  to  be  lost  or  mislaid, 
aa  they  ran  not  be  entered  upon  the  record.  "* 

No  application  can  be  examined,  nor  can  the  case  be  placed  upon  the  files  for 
•xamiiitiliun,  until  the  fee  is  paid,  the  model  or  specimen  deposited,  and  the  spe- 

ci!;--  '• ■•••it  the  petition,  oath,  and  drawings  (when  required),  filed. 

u'  persons  are  appointed  agents  to  receive  and  forward  to  this  office 
w  .1  na,  and  manuluctures,  in  accordance  with  the  tenth  section  of  the 

act  <.t  1  ".iJ :  The  collector  of  the  port  of  Portsmouth,  N.  H. ;  of  Portland.  Me. ; 
of  BurlinKton.  Vt. ;  of  Providence,  R.  1.;  of  Boston,  Mass.;  of  Hartford,  Conn.; 
of  New  York,  N.  Y. :  of  Philadelphia,  Penn. ;  of  Baltimore,  Md.;  of  Richmond, 
Va.:  of  Savannah,  Ga. :  of  New  Orleans,  La. ;  of  Detroit,  Mich. ;  of  Buffalo, 
N.  Y. ;  of  Cleveland,  Ohio ;  the  Burveyor  at  8t  Louis,  Mo. ;  at  Chicago,  III. ;  at 
Cincinnati,  Ohio  :  at  Louisville.  Ky. ;  F.  L.  Roux,  Charleston,  8.  C. ;  and  Wil- 
liam Bakewell,  Pittsburg,  Penn. 

The  cost  of  trans [lortation  will  in  no  case  be  defrayed  by  the  office,  unless  the 
DMMkfi  is  sent  through  one  of  the  above-named  agenta,  or  unless  sent  through  the 
cheapest  ordinary  channel  of  transportation;  nor  will  it  be  defrayed  in  cases 
where  lar«er  mofk-ls  (••ithcr  in  af>i)lii;Rtion  or  as  exhibits)  are  sent  than  can  be 
accepted  and  preserved  under  llic  rule  before  given. 

fffthf  Examination. — All  cases  in  the  pntent-offlce  are  arranged  in  classes, 
which  are  taken  up  for  examination  in  regular  rotation. 


142  PATENT   LAWS    AND    REGULATIONS. 

Those  in  the  same  class  are  examined  and  disposed  of,  as  far  as  practicable, 
in  the  order  in  which  the  respective  applications  are  completed.  When,  how- 
ever, the  applicant  has  a  foreign  patent  for  his  invention,  or  when  such  invention 
is  deemed  of  peculiar  importance  to  some  branch  of  the  public  service,  and  when, 
for  that  reason,  the  head  of  some  department  of  the  government  specially  requests 
immediate  action,  the  case  will  be  taken  up  out  of  its  order.  These,  with  appli- 
cations for  additional  improvements  and  reissues,  are  the  only  exceptions  to  the 
rule  above  stated  in  relation  to  the  order  of  examination. 

A  epecification  can  not  be  amended  in  any  material  part  unless  there  is  some- 
thing to  amend  by — that  is  to  say,  it  can  only  be  so  amended  to  cause  it  to  correspond 
with  the  drawing  or  model.  A  similar  rule  is  enforced  in  regard  to  amendments 
of  the  drawing  or  model.  And  where  any  substantial  change  is  made  by  de- 
scribing or  representing  in  the  specification  a  new  invention,  not  included  as  a 
portion  of  that  ori,!?inally  described  in  the  specification,  a  second  affidavit  must  be 
made  to  the  specification  as  amended,  and  the  signature  of  witnesses  will  also  be 
required  anew.  When  the  change  thus  made  is  very  considerable,  the  case  may 
be  placed  at  the  foot  of  the  list,  to  await  its  turn  anew  in  the  order  of  examina- 
tion. 

After  a  case  has  been  examined  and  the  claim  allowed,  no  alteration  will  be 
permitted  in  the  character  of  the  invention  without  a  withdrawal  of  the  case  and 
the  filing  of  a  new  application,  or  (if  the  patent  be  granted)  an  application  for  a 
reissue,  or  for  an  additional  improvement,  as  the  case  may  require. 

The  personal  attendance  of  the  applicant  at  the  patent-office  is  unnecessary. 
The  business  can  be  done  by  correspondence  or  by  attorney.  All  correspondence 
must  be  addressed  to  the  commissioner.  When  an  application  has  been  finally 
decided,  the  office  will  retain  the  original  papers,  furnishing  the  applicant  copies — 
if  he  desires  them — at  the  usual  expense.  If  the  patent  is  granted,  it  will  be 
transmitted  to  the  patentee,  or  to  his  agent  in  case  he  has  a  full  power  of  attor- 
ney authorizing  him  to  receive  it. 

Of  Witkdroioals. — If,  when  an  application  is  rejected,  the  applicant  relin- 
quishes his  claim,  he  must  notify  the  commissioner  of  the  fact  of  such  withdrawal, 
sending  at  the  same  time  his  receipt  for  two  thirds  of  the  fee  paid  by  him,  which 
will  be  thereupon  returned.  The  model  and  papers  will  be  retained  by  the  office. 
The  applicant  may.  however,  have  the  duplicate  drawing  if  he  desires  it.  The 
applicant  in  such  cases,  will  be  entitled  to  receive  back  from  the  office  two  thirds 
of  the  fee  paid  by  him  at  the  time  of  making  his  application.  But  this  right  of 
withdrawal  does  not  extend  to  applications  for  a  design  or  for  a  reissue  or  addi- 
tional improvement.  In  withdrawing  an  application,  the  following  forms  may  be 
followed  : — 

To  the  Commissioner  of  Patents : 

Sir:  I  hereby  withdraw  my  application  for  a  patent  for  improvements  in  the 
cotton-gin,  now  in  your  office,  and  request  that  twenty  dollars  may  be  returned 
to  me,  agreeably  to  the  provision  of  the  act  of  Congress  authorizing  such  with- 
drawal. ELI  WHITNEY. 

Cabotville,  Mass.,  February,  16,  1856. 

Received  of  the  treasurer  of  the  United  States,  per  Charles  Mason,  commis- 
sioner of  patents,  twenty  dollars,  being  the  amount  refunded  on  withdrawing  my 
application  for  a  patent  for  improvements  in  the  colton-gin. 

ELI  WHITNEY. 

Cabotville,  Mass.,  February  16,  1856. 

Particular  instructions  should  be  given  by  the  person  withdrawing  money  from 
the  office  as  to  the  manner  in  which  the  money  shall  be  paid — whether  to  his 
order  at  this  office,  or  remitted  by  mail. 

When  cavcatd  have  been  filed,  withdrawals  can  be  made  the  same  as  in  other 
cases  ;  but  no  part  of  the  fee  will  be  returned  to  the  applicant  until  after  he  has 
completed  his  application  by  filing  his  specification  and  model. 


PATENT   LAWS    AND    REGULATIONS.  143 

Retaining  Patents  in  ike  Secret  Archives.— No  application  npon  whicli  a  pn^ 
ent  hta  been  ortlen^  to  issue  shall  be  retained  in  the  eecret  arcliives  of  the  office, 
more  than  six  months  from  the  day  on  which  the  patent  vvas  ordered  to  issue. 
Tlie  reqnesl  to  have  the  application  placed  in  the  secret  archives  must  in  all  coses 
be  made  by  the  patentee,  or  the  assienee  of  all  the  interest  therein,  in  writing, 
and  filed  with  the  chief  clerk,  before  the  patent  shall  be  recorded. 

Of  Appeals.— Aher  a  case  has  been  once  rejected,  the  applicant  may  have  a 
second  examination,  by  renewing  his  oath,  either  with  or  without  an  alteration  of 
his  specification.  Bat  such  alteration  must  be  in  accordance  with  the  instnictions 
under  the  head  of  Examinations.  After  thus  applying  for  a  second  examination, 
no  withdrawal  will  be  allowed. 

After  a  second  rt-jeclion,  the  applicant  may  bring  the  case  before  the  commis- 
sioner in  person,  and  if  still  dissatisfied,  may  appeal  to  one  of  the  judges  of  the  cir- 
cuit court  of  the  District  of  Columbia.    (See  "  Kules  for  Reconsiderations,"  p.  146.) 

The  mode  of  appeals  is  by  giving  notice  thereof  to  the  commissioner;  filing  in 
the  patent-ofHce,  within  such  times  as  the  commissioner  shall  appoint,  his  rea- 
sons of  appeal ;  and  paying  to  him  the  sum  of  twenty-five  dollars.  Blanks  for  the 
notice  of  appeal,  the  reasons  of  appeal,  the  petition,  and  copies  of  the  appellate 
judge's  rules,  will  be  forwarded  on  a  request  addressed  to  the  commissioner  of 
patents. 

Of  Int^ferences. — When  each  of  two  or  more  persons  claims  to  be  the  first  in- 
ventor of  the  same  thing,  an  "interference"  is  declared  between  them,  and  a 
trial  is  had  before  the  commisfiioner.  Nor  does  the  fact  that  one  of  the  parties  has 
•Iready  obtained  a  patent  prevent  such  an  interference ;  for  although  the  com- 
naissioner  has  no  power  to  cancel  a  patent  already  issued,  he  may,  if  be  finds  that 
ODotiicr  person  was  the  prior  inventor,  give  him  also  a  patent,  and  thus  place  them 
on  an  equal  footing  before  the  courts  and  the  public. 

Upon  the  declaration  of  an  interference,  a  day  will  be  fixed  for  closing  the  tes- 
timony, and  a  further  day  fixed  for  the  hearing  of  the  cause.  Previous  to  this  lat- 
ter day,  the  arguments  of  counsel  must  be  filed,  if  at  all. 

If  either  party  wishes  a  postponement  of  either  the  day  for  closing  the  testi- 
mony or  the  day  of  liearing,  he  must,  before  the  day  he  thus  seeks  to  postpone  is 
past,  show  by  afSdavit  a  suflBcient  reason  for  such  postponement. 

Of  Reissues,  and  additional  Improvements. — A  reissue  is  granted  to  the  ori 
ginal  patentee,  his  heirs  or  assigns,  when  bv  reason  of  an  insufficient  or  defective 
specification  the  patent  is  invalid,  provided  the  error  has  arisen  from  inadvertency, 
accident,  or  mistake,  without  any  fraudulent  or  deceptive  intention. 

The  general  rule  is,  that  whatever  is  really  embraced  in  the  original  invention, 
tod  so  described  or  shown  that  it  might  have  been  embraced  in  the  original  pat- 
ent,  may  be  the  subject  of  a  reissue. 

A  modification  of  a  patent  so  as  to  include  an  additional  improvement  is  allowed 
in  favor  of  the  original  patentee  only,  and  may  embrace  any  improvement  mado 
by  '  ■  '       •irrit  to  tilt  isttving  of  the  patent,  but  none  other. 

i  <•  above  cases  the  modified  patent  expires  at  the  same  time  as  the 

or  Auuld  have  done.     For  this  reason  such  applications  will  be  acted 

U)  t.T  they  are  completed. 

.  granted,  the  applicant  may,  at  his  option,  have  separate 
pD'-  .  .       ■  several  diMinct  psirts  of  the  thing  patented,  by  paying  the 

ret^uixile  uddiiiunul  fees,  and  complying  with  the  other  requirements  of  the  law 
M  in  original  applications. 

In  all  cases  of  applications  for  reissues,  and  for  additional  improvements,  the 
orif^inal  claim  is  subject  to  reexamination,  and  may  be  revised  and  restricted  in 
tb««  BJin)*'  mnnner  as  in  original  applications. 

'■      '  '       -<H,  after  the  action  of  the  patent-oflice  has  been  made  known 

t'l  prefers  the  patent  originally  f/rnntr-d  to  that  which  will  bo 

B'  ion  of  the  office,  ho  has  the  privilege  of  abandoning  it,  and 

r«  '  1  patent. 

t,'  are  appropriate  forms  of  application  for  reissues  and  for  addi- 
ti'  ,  iiicnlB: — 


144  PATENT   LAWS    AND    REGULATIONS. 


No.  123.— Form  of  Surrender  of  a  Patent  for  Reissue 

To  the  Commissioner  of  Patents: 
The  petition  of  Samuel  Mo  ret,  oi  Philadelphia,  in  the  county  oi  Philadelphia 
and  State  of  Pennsylvania — 

Rkspectfully  represents,  That  he  did  obtain  letters-patent  of  the  United 
States  for  an  improvement  in  the  boilers  nf  steamrengines,  which  letters-patent  are  da- 
ted on  the^rs^  day  oi March,  1852  ;  that  he  now  believes  that  the  same  is  inopera- 
tive and  invalid  by  reason  of  a  defective  specification,  which  defect  has  arisen 
from  inadvertence  and  mistake.  He  therefore  prays  that  he  may  be  allowed  to 
surrender  the  same,  and  requests  that  new  letters-patent  may  issue  to  him,  for 
the  same  invention,  for  the  residue  of  the  period  for  which  the  original  patent  was 
granted,  and  the  amended  specification  herewith  presented,  behaving  paid  fifteen 
dollars  into  the  treasury  of  the  United  States,  agreeably  to  the  requirements  of 
the  act  of  Congress  in  that  case  made  and  provided. 

SAMUEL  MOREY. 

Form  of  Oath  to  he  appended  to  Applications  for  Reissue. 

City  and  County  of  Philadelphia,  ) 
State  of  Pennsylvania,  )     ' 

On  this  first  day  of  December,  1855,  before  the  subscriber,  a  justice  of  the  peace, 
personally  appeared  the  above-named  Samuel  Morey,  and  made  solemn  oath 
(or  affirmation)  that  he  verily  believes  that,  by  reason  of  an  insuflScient  or  defec- 
tive specification,  his  aforesaid  patent  is  not  fully  valid  and  available  to  him;  and 
that  the  said  error  has  arisen  from  inadvertency,  accident,  or  mistake,  and  without 
any  fraudulent  or  deceptive  intention,  to  the  best  of  his  knowledge  or  belief 

JOHN  SMITH. 

No.  124.— Form  for  Addition  of  New  Improvements. 

To  the  Commissioner  of  Patents: 

The  petition  of  James  Rumsey,  of  the  County  of  Berkeley,  and  State  of  Vit ' 
ginia — 

Respectfully  represents:  That  your  petitioner  did  obtain  letters-patent 
of  the  United  States  for  an  improvement  in  the  boilers  of  steam-engines,  which 
letters-patent  are  dated  on  the^rs^  day  of  March,  1852  ;  that  he  has  since  that 
date  mado  certain  improvements  on  his  said  invention ;  and  that  he  is  desirous 
of  adding  the  subjoined  description  of  his  said  improvements  to  his  original  letters- 
patent,  agreeably  to  the  provisions  of  the  act  of  Congress  in  that  case  made  and 
provided,  he  having  paid  fifteen  dollars  into  the  treasury  of  the  United  States,  and 
otherwise  complied  with  the  requirements  of  the  said  act. 

JAMES  RUMSEY. 

A  specification  and  claim  should  then  follow  substantially  as  in  case  of  an  ori- 
ginal application.  The  oath  must  also  be  the  same,  except  that  he  need  not 
swear  to  citizenship,  but  instead  thereof  should  state  as  follows  :  "And  that  said 
new  improvement  was  made  by  him  subsequently  to  the  date  of  his  aforesaid 
patent." 

Of  Disclaimers. — Where,  by  inadvertence,  accident,  or  mistake,  the  original 
patent  is  too  broad,  a  disclaimer  may  be  filed,  either  by  the  original  patentee  or 
by  any  of  his  a.ssignees. 

By  the  English  law,  as  well  as  the  act  of  1836.  if  the  patent  were  too  broad,  it 
was  wholly  invalid.  The  case  is  now  different  here,  but  still  the  necessity  of  a 
disclaimer  is  manifest  (See  act  of  1837.)  The  following  is  a  safficient  form  for  a 
disclaimer ; — 


FATENT  LAWS  AND  REGULATIONS.  145 

No.  125— Form  of  Disclaimer. 

To  the  Commissioner  of  Patents : 
The  petitjon  of  Sebastian  Cabot,  of  CabotxviUe,  in  the  county  oi  Hampden,  and 
State  of  Massachusetts — 
RK9PJCCTFULI.Y  RKPRESKNTS  :  That  hc  has,  by  assignment,  duly  recorded  in 
the  patent-office,  become  the  owner  of  a  right  for  the  several  states  oi  Massachn- 
icds,  Coufiecticnt,  and  Rhode  Island,  to  certain  impruvemenls  in  the  steam- 
ensrine,  for  which  letters-patent  of  the  United  States  were  pranied  to  John  Doe, 
o( Boston,  in  the  state  of  Massachusetts,  dated  on  the  Jirsi  day  o( March,  1852  : 
that  lie  hap  reason  to  believe  that,  through  inadvertence  and  mistake,  the  claim 
made  in  the  specification  of  said  letters-patent  is  too  broad,  including  that  of 
Nvliich  the  said  patentee  was  not  the  first  inventor.  Your  petitioner,  therefore, 
hereby  enters  his  disclaimer  to  that  part  of  the  claim  in  the  aforenamed  specifi- 
cation which  is  in  the  following  words,  to  wit :  ["  I  also  claim  the  particular  man- 
ner in  which  the  piston  of  the  above-described  engine  is  constructed,  so  as  to  insure 
the  close  fitting  of  the  packing  thereof  to  the  cylinder,  as  set  forth']  :  which  dis- 
claimer is  to  operate  to  the  extent  of  the  interest  in  said  letters-patent  vested  in 
your  petitioner,  who  has  paid  ten  dollars  into  the  treasury  of  the  United  States, 
acreeably  to  the  requinementa  of  the  acts  of  Congress  in  that  case  made  and  pro- 
vided. SEBASTIAN  CABOT. 

When  the  disclaimer  is  made  by  the  original  patentee,  it  must  of  course,  be  so 
worded  as  to  express  that  fact. 

Of  Extensions. — The  power  of  extending  a  patent  for  seven  years  from  the 
day'on  which  it  would  expire,  is  now  vested  in  the  commissioner  of  patents. 

i'o  justify  the  office  in  thus  extending  a  patent,  the  two  following  questions 
must  be  first  decided  in  the  affirmative:  1st.  Was  the  invention  new  and  pat- 
entable when  originally  patented  ?  2d.  Has  the  patentee,  without  neglect 
or  fault  on  his  part,  failed  to  obtain  from  the  use  and  sale  of  his  invention  a  rea- 
sonable remuneration  for  the  time,  ingenuity,  and  expense,  bestowed  upon  his  in- 
vention, and  the  introduction  thereof  into  use? 

The  applicant  for  an  extension  should  file  his  petition  and  pay  in  the  requisite 
fee  at  least  three  months  prior  to  the  expiration  of  his  patent,  to  give  time  for  the 
sixty  days'  notice  required  to  be  given,  and  to  allow  a  sufficient  time  to  the  com- 
missioner to  examine  the  case  fully  after  the  expiration  of  those  sixty  days,  and 
previoufl  to  the  day  on  which  the  patent  is  to  expire.  Tliere  is  no  power  in  the 
patent-office  to  renew  a  patent  after  it  has  otice  expired. 

The  applicant  for  an  extension  must  furnish  to  the  office  a  statement  in  writing, 
und^r  oath,  of  the  ascertainod  value  of  the  invention,  and  of  his  receipts  and  ex- 
penditun-s.  The  statement  should  be  made  particular  and  in  detail,  unless  sofE- 
ciont  reason  is  set  forth  why  such  a  statement  can  not  be  furnished.  This  state- 
ment must  be  filed  within  thirty  days  after  filing  his  petition,  as  contemplated  in 
the  [(receding  »»ction 

Any  j>crson  opposing  the  extension  of  a  patent  must  file  his  reasons  in  the  pat- 
ent office  at  least  twenty  days  before  the  day  of  hearing,  as  set  forth  in  the  noti- 
fea  published.  He  may  also,  at  any  time  after  the  application  for  an  extension 
ha*  been  made,  give  notice  to  the  applicant  of  his  intention  toopiwse  the  said  ex- 
tension. Aflcr  this  notice  he  will  f)e  regarded  as  a  party  in  the  case,  and  be  enti- 
tled to  notion  of  the  tim«  and  place  of  taking  testimony,  as  well  as  to  a  list  of  the 
names  a  I:'         '  ''  a  itnesses  whose  testimony  may  have  been  previously 

taken.  '.tj  the  extension  will  be  entitled  to  a  copy  of  the  appli- 

cntinn,  r:  —,  on  file,  upon  paying  the  costs  of  copj'ing. 

I  V  will  be  rpcoived,  unless  by  consent,  which  has 

I"  V  t  after  the  filing  of  the  petition  for  th«  extension, 

r  an  extension  will  fix  a  <lny  for  the  closing  of 
ih"'  io(*tiaioiiy,  and  also  a  day  fur  the  hearing.  The  depositions  and  other  papers 
rolled  upon  as  trstimnny  must  be  filed  in  tlie  office  on  or  before  the  morning  of 
th"  (l«y  next  aficr  lljBt  fixed  for  ciohing  ihe  tesliraouy;  and  the  arguments  flf 

13 


146  PATENT    LAWS    AND    REUULATICNS. 

any)  must  be  filed  within  ten  days  thereafter,  nnless  some  other  time  be  fixed  by 
the  ofBce. 

Applications  for  a  postponement  of  the  hearing  must  be  made  and  supported 
nocording  to  the  same  rules  as  are  to  be  observed  in  the  case  of  interferences. 
J^ut  they  will  not  be  granted  in  such  a  manner  as  to  cause  a  risk  of  preventing  a 
decision  in  season. 

Of  Designs. — In  making  an  application  to  patent  a  design,  the  same  course  is 
to  be  pursued  as  in  case  of  an  application  for  patenting  a  machine. 

No  patent  for  a  design  can  be  obtained  by  an  alien  unless  be  has  resided  one 
year  within  the  United  States,  and  taken  an  oath  of  his  intention  to  become  a  citi- 
zen thereof. 

The  following,  or  other  equivalent  forms,  are  proper  to  be  observed  in  applica- 
tions of  this  nature ; — 

No.  126.— Form  of  Application  for  Patents  for  Designs. 

To  the  Commissioner  of  Patents: 
The  petition  of  Benjamin  West,  of  the  city  and  county  of  Philadelphia,  a.nd  State 
of  Pennsylvania — 
Respectfully  represents:  That  your  petitioner  has  invented  or  produced 

fa  new  and  original  design  for  a  composition  in  alto-relievo'],  which  he  verily  be- 
ieves  has  not  been  known  prior  to  the  production  thereof  by  your  petitioner'  He 
therefore  prays  that  letters-patent  of  the  United  States  may  he  granted  to  him 
therefor,  vesting  in  him  and  his  legal  representatives  the  exclusive  right  to  the 
Hame,  upon  the  terms  and  conditionaexpressed  in  the  act  of  Congress  in  that  caso 
made  and  provided ;  he  having  paid  filteen  dollars  into  the  treasury,  and  com- 
plied with  the  other  provisions  of  the  said  act 

BENJAMIN  WEST. 

No.  127.— Form  of  Specification. 

To  ALL  WHOM  IT  MAY  CONCERN:  Be  it  know  that  I.  Benjamin  West,  of 
the  c\ty  of  Philadelphia,  in  the  county  of  Philadelphia,  and  state  of  Pennsylva- 
nia, have  invented  or  produced  a  new  and  original  design  for  a  composition  in 
alto-relievo,  and  I  do  hereby  declare  that  the  following  is  a  full  and  exact  descrip- 
tion of  the  same  : — 

[Here  follows  a  description  of  the  design,  with  reference lo  the  specimen  or 
drawing,  the  specification  to  conclude  with  declaring  what  the  inventor  claims, 
in  tenns  characteristic  of  the  design,  &c.] 

BENJAMIN  WEST. 
Wkbster. 

>fATHANlEL  BOWDITCH. 


Witnesses,     |  g-", 


No.  128.— Form  of  Oatli. 

City  and  County  of  Philadelphia.  ? 

State  of  Pennsylvania,  \     '  , 

On  this  tenth  day  of  November,  1855,  before  the  subscriber,  a  justice  of  the 
peace,  personally  appeared  the  within-named  Benjamin  West,  and  made  sol- 
emn oath  (or  affirmation,  as  the  caso  may  be)  that  he  verily  believes  himself  to 
be  the  original  and  first  inventor  or  producer  of  the  design  for  a  composition  in 
alto-relievo,  and  that  he  does  not  know  or  believe  the  same  was  ever  before 
known  or  used  ;  and  that  be  is  a  citizen  of  the  United  States. 

JOHN  SMITH. 

Of  Foreign  Patents.— The  taking  out  of  a  patent  in  a  foreign  country  does  not 
prejudice  a  patent  previously  obtained  here  ;  nor  does  it  prevent  obtaining  a  pat- 
ent here  subsequently. 

When  the  patent  is  applied  for  hero,  after  being  obtained  abroad,  it  will  ex- 
tend only  fourteen  years  from  the  date  of  the  foreign  patent.    For  this  reason  such 


PATENT  LAWS  AND  REGULATIONS.         147 

caFPH  will  be  acted  upon  out  of  their  order,  and  as  soon  as  the  application  is  com- 
pleted. 

Where  an  applicant  seeks  to  make  hia  a  prefeiTed  case,  in  consequence  of  bis 
haviiiLT  obtained  a  foreign  patent,  he  should  (temporarily)  file  in  the  office  the  pat- 
ent so  obtained,  with  the  specifications  (provisional  or  complete)  attached,  or  a 
Fworn  copy  of  those.  But  where  such  papers  or  copies  can  not  be  conveniently 
furnished,  it  will  be  sufficient  if  the  reason  of  such  inability  be  set  forth  by  affida- 
vit, and  aJso  the  fact  that  a  foreign  patent  has  actually  been  obtained,  giving  its 
date,  and  showing  clearly  that  the  invention  so  patented  covers  the  whole  ground 
of  his  present  application. 

Of  Patents  obtained  by  Aliens. — Tf  an  alien  neglects  to  put  his  invention  on 
public  sale  within  eighteen  months  after  the  patent  is  granted,  and  to  continue  it 
ou  sale  to  the  public  on  reasonable  terms,  his  patent  will  cease  to  protect  him. 

Of  Caveats. — Any  citizen,  or  an  alien  who  has  resided  for  one  year  last  past 
in  the  United  States,  and  has  made  oath  of  hia  intention  to  become  a  citizen 
thereof,  can  file  a  caveat  in  the  secret  archives  of  the  patent-office.  And  if  at  any 
time  within  one  year  thereafter  another  person  applies  for  a  patent  for  the  same  in- 
vention, the  caveator  will  be  entitled  to  notice,  to  complete  his  specification,  and  to 
go  into  interference  with  the  applicant  for  the  purpose  of  proving  priority  of  in- 
vention, and  obtaining  a  patent  if  that  fact  be  proved. 

The  caveator  will  not  be  entitled  to  notice  of  any  application  pending  at  the 
time  of  filing  his  caveat,  nor  of  any  application  filed  after  the  expiration  of  one  year 
from  the  date  of  filing  the  caveat  But  he  may  renew  his  caveat  at  the  end  of 
one  year  by  paying  a  second  caveat  fee,  which  will  continue  it  in  full  force  for  one 
year  longer,  and  so  on  from  year  to  year  as  long  as  the  caveator  desires. 

No  caveat  can  be  filed  in  the  secret  archives  of  thf  ./dice  unless  accompanied 
by  an  oath  of  the  cdveator  that  he  is  a  citizen  of  the  United  States,  or  that  he  is 
aM  alien  and  has  resided  for  one  year  last  past  within  the  United  States,  and  has 
ma<le  oath  of  his  intention  to  become  a  citizen  thereof;  nor  unless  the  applicant 
also  stales,  under  oath,  that  he  believes  himself  the  original  inventor  of  the  art, 
machine,  or  improvement,  set  forth  in  his  caveat.  • 

A  caveat  need  not  contain  as  particular  a  description  of  the  invention  as  is  re- 
quisite in  a  specification ;  but  still  the  description  should  be  sufficiently  precise  to 
enable  the  office  to  judge  whether  there  is  a  probable  interference  when  a  sub- 
sequent application  is  filed. 

Caveat  papers  can  not  bo  withdrawn  from  the  office  nor  undergo  alteration 
after  they  have  once  been  filed ;  but  additional  papers  relative  to  the  invention 
may  bo  appended  to  the  caveat  (the'r  date  being  noted),  provided  they  are  merely 
eraendatory  of  the  original  caveat. 

Jn  the  case  of  filing  papers  supplementary  to  an  original  caveat,  the  right  to  no- 
tice in  regard  to  the  subject  of  those  papers  expires  with  the  caveat;  and  any 
additionaJ  papers  not  relating  to  the  invention  first  cavcated  will  receive  no  no- 
tice. The  caveator,  or  any  other  jierson  properly  aathorizcd  by  him,  can  at  any 
lime  obtain  copies  of  the  caveat  papers  at  the  usual  rates. 

It  is  desirable  that  the  caveat  should  be  accomi)anied  by  drawings  or  sketches, 
and  even  by  a  model  if  convenient.  The  following  will  give  a  general  idea  of 
the  proper  form  of  a  caveat": — 

Ko.  129— Form  of  Caveat. 

To  the  CommJMioner  of  Patents : 
The  petitbn  of  Sebculian  Cabot,  of  Cabotsville,  in  the  county  of  Ilampdcn,  and 
State  of  MassachusettK — 
'•  ,    i  •.  rs:  That  ho  has  made  certain  improvements  in  the 

'■i,f<)r  tlcamenpinen,  and  that  ho  is  now  rngnged 
•  purpose  of  perfecting  th(<  snmf,  iirrpnratory  to  bin 
applyin.,'  (or  Ltlcr^patcnls  llnircfor.     He  therefore  prays  that  the  subjoined  de- 
scription of  his  invention  may  be  filed  as  a  caveat  in  the  coofidcntinl  archives  of 
the  patent-oDice,  agreeably  to  the  pruviRJons  of  the  act  of  CougivR'!  i"  th:it  r,n:» 


148  PATENT   LAWS    AND    REGULATIONS. 

made  and  provided ;  he  haviner  paid  twenty  dollars  into  the  treasury  of  the  Uni- 
ted States,  and  otherwise  complied  with  the  requirements  of  the  said  act. 

SEBASTIAN  CABOT. 
Cabotville,  Marck  1,  1855. 

Here  should  follow  a  description  of  the  general  principles  of  the  invention,  so 

far  as  it  has  been  completed. 

Penalties  for  certain  Acts. — Patentees  or  their  assignees  are  required  to  aflSx 
the  date  of  the  patent  on  each  article  vended  or  olFered  for  sale,  under  a  penalty 
of  not  less  than  one  hundred  dollars. 

Stamping  or  affixing  the  name  of  any  patentee  on  any  article  without  authority 
to  do  so,  or  affixing  the  word  "  patent"  or  "letters-patent,"  or  the  stamp,  mark,  or 
device,  of  any  patentee  on  any  unpatented  article,  is  forbidden  under  a  Uke 
penalty. 

Of  the  Repayment  of  Money.— rMoney  paid  by  actual  mistake  will  be  refunded, 
but  a  mere  change  of  purpose  after  the  payment  of  money  will  not  enable  the 
person  to  obtain  hie  money  and  withdraw  his  papers. 

Of  Assigmnents. — An  inventor  can  assign  his  entire  right  before  a  patent  is  ob- 
tained, so  as  to  enable  the  assignee  to  take  out  a  patent  in  his  own  name,  but  the 
assignment  must  first  be  recorded  and  the  specification  sworn  to  by  the  inventor. 

In  the  case  of  an  assignment  by  a  foreigner,  the  same  fee  will  be  required  as 
if  the  patent  issued  to  the  inventor. 

After  a  patent  is  obtained,  the  patentee  may  assign  the  right  to  make  or  »se 
the  thing  patented  in  any  specified  portion  of  the  United  States,  but  no  such  as- 
signment to  specified  portions  of  the  United  States,  made  prior  to  obtaining  the 
patent  will  enable  the  assignees  to  take  ont  the  patent  in  their  own  names. 

Every  assignment  should  be  recorded  within  three  months  from  its  date ;  but 
if  recorded  after  that  time,  it  will  protect  the  assis:nee  against  any  one  purchasing 
after  the  assignment  is  placed  on  record. 

When  the  patent  is  to  issue  in  the  name  of  the  assignee,  the  entire  correspond- 
ence should  be  in  his  name. 

"  The  receipt  of  assignments  is  not  generally  acknowledged  by  the  oflSce.  They 
will  be  recorded  in  their  turn  within  a  few  days  after  their  reception,  and  then 
transmitted  to  persons  entitled  to  them. 

No.  130.— rorm  of  Assignment  before  obtaining  a  Patent. 

Wherkas  I,  Jethro  Wood,  of  Scipio,  in  the  county  oi  Caynga,  and  state 
oiNew  York,hfLve  invented  certain  new  and  useful  impro7;ements  in  plovghs, 
for  which  I  am  about  to  make  application  for  letters-patent  of  the  United  States ; 
and  whereas  David  V k acock,  oi Bnrlirigion,  New  Jersey,  has  agreed  to  pur- 
chase from  me  all  the  right,  title,  and  interest,  which  I  have,  or  may  have,  in  and 
to  the  said  invention  in  consequence  of  the  grant  of  letters-patent  therefor,  and 
has  paid  to  me,  the  said  Wood,  the  sum  of  Jive  thousand  dollars,  the  receipt  of 
which  is  hereby  acknowledged  :  Now  this  indenture  witnesseth,  that  for  and  in 
consideration  of  the  said  sum  to  me  paid,  I  have  assigned  and  transferred,  and  do 
hereby  assign  and  transfer,  to  the  said  David  Peacock,  the  full  and  exclusive 
right  to  all  the  improvements  made  by  me,  as  fully  set  forth  and  described  in 
the  specifications  which  I  have  prepared  and  executed  preparatory  to  the  ob- 
taining of  letters-patent  therefor.  And  I  do  hereby  authorize  and  request  the 
commissioner  of  patents  to  issue  the  said  letters-patent  to  the  said  David  Pea- 
cock, as  the  assignee  of  my  whole  right  and  title  thereto,  for  the  sole  use  and  be- 
hoof of  the  said  David  Peacock  and  his  legal  representatives. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  seal,  this 
sixteenth  day  of  February,  1 856. 

JETHRO  WOOD,     [seal.] 

Sealed  and  delivered  in  the  presence  of— 
George  Clymer, 
David  Rittenhousb. 


*•   PATENT  LAWS  AND  REGULATIONS.         149 

The  form  of  assignment  of  the  whole  or  a  partial  right  in  a  patent,  will  bd 
found  on  page  37. 

Of  the  Office  Fees,  and  how  pavabh.—^eMly  all  the  fees  payable  to  the  pat- 
ont-otlice  are  positively  required  by  law  to  be  paid  in  advance.  For  the  sake  oi 
uniformity  and  convenience,  the  remaining  fees  will  be  required  to  he  paid  in 
the  same  manner— that  is  to  say,  before  the  labor  is  performed  for  which  they  are 
to  be  received  as  payment  The  following  is  the  tarift'  of  fees  established  by 
law: — 

On  every  application  for  a  design Si  5  00 

On  evf-ry  caveat 20  00 

On  every  application  for  a  patent,  if  made  by  a  citizen,  or  a  foreigner  who 

has  resided  here  one  year  and  made  oath  of  his  intention  to  become  a 

citizen 30  00 

On  every  application,  if  by  a  subject  of  Great  Britain TjOO  00 

On  every  application,  if  by  any  other  foreigner 300  00 

On  every  filing  of  a  disclaimer 10  00 

On  every  application  for  adding  new  improvement 1?-  00 

On  every  application  for  a  reissue 15  00 

On  every  additional  patent  granted  on  a  reissue 30  00 

On  every  application  for  an  extension 40  00 

On  every  appeal 25  00 

On  every  copy  of  patent,  or  other  instrument,  for  every  100  words 10 

On  every  copy  of  drawing,  the  cost  of  having  it  made. 

For  recording  every  assignment  of  300  words,  or  under ^, 1  00 

For  recording  every  assignment,  if  over  300  and  not  over  1.000  words 2  00 

For  recording  every  assignment,  if  over  1 ,000  words 3  00 

It  is  recommended  that  the  money  for  the  payment  of  fees  should  be  deposited 
with  an  assistant  treasurer,  or  other  officer  aulhcjrized  to  receive  the  same,  taking 
his  certificate  and  remitting  the  same  to  this  office.  When  this  can  not  be  done 
without  much  inconvenience,  the  money  may  be  remitted  by  mail  at  the  risk  of 
the  owner,  and  in  every  case  the  letter  should  state  the  exact  amount  enclosed. 

In  case  of  deposite  made  w'lh  the  assistant  treasurers,  or  other  persons  author- 
ized to  receive  public  moneys,  a  duplicate  receipt  should  be  taken,  staling  by 
whom  the  payment  was  made,  and  for  what  object.  The  particular  invention 
should  be  referred  to,  to  enable  the  applicant  to  recover  tht;  twenty  dollars  in  case 
of  the  withdrawal  of  the  petition.  The  certificate  of  deposite  may  be  mado  in  the 
ioUuwitig  form : — 

OFFirE  OF  THF,  ASSISTANT  Treasurf.h,  New  Yokk,  Aor.  10,  18.>5. 
The  treasurer  of  the  Uniifd  States  has  credit  at  this  office  for  thirty  dr)ll(ira  in 
■pccio.  dei>o«ited  by  Joh.n*  Jonks,  of  the  town  oi  (Joshen,  in  the  county  of  Ornnn^r, 
and  state  of  New  York,  the  same  being  for  a  patent  [or  whatever  the  ol)j«'ct  may 
he]  for  &  tteamboi/er.  HARD  BCHELL. 

The  followlnir  officers  are  authorized  to  receive  patent  fees  on  account  of  the 
treasurer  of  the  United  States,  and  to  give  receipts  or  certificatps  of  deposite  there- 
fi»r,  to  wit :  Assistant  treasurer  of  the  United  States  at  Now  York.  N  Y. ;  at  Bo.s- 
ton,  Mais  ;  at  Charleston.  S.  C. ;  at  St.  Louis,  Mo.;  Collector  at  Baltimore,  Md  ; 
at  Richmond.  Vn  ;  at  Norfolk,  Va  ;  at  Buffalo  Creek,  N  Y.  ;  at  VVilminLrlon, 
N.  C  ;  at  Savsnnab,  (Ja.  ;  at  Mobile,  Ala. ;  at  San  Fraiici8<'o,  Cal.;  trensnnr  of 
the  mint  nt  Philadelphia.  Penn  ;  of  branch  mint  at  New  Orleans,  La.  ;  surveyor 
and  insfjcctor  at  Pittsburg,  Penn. ;  sarveycir  of  the  customs  at  Naphvillc,  Tcnn  ; 
at  Cincinnati,  Ohio;  receiver  of  public  moneys  at  Little  Rock,  Ark  ;  nt  JrtliT 
Bonvillc,  Ind  ;  at  Chicago,  III.  ;  at  Detroit,  Mich  ;  <le|)08itaiy  at  Tallnhnswe,  Kla. 

Any  p»»|W)n  winhing  to  pay  a  patent  or  other  fue,  may  deposite  it  with  «'ith('r 
of  the  nffi<  era  above  named.  an<i  forwanl  the  receipt  or  certificate  to  this  office  as 
evidence  thereof.     Bank  notes  or  checks  can  not  be  received. 

All  money  sent  by  mail,  either  to  or  from  the  patent  office,  will  be  at  tlie  risk 
ot  the  owne-.     In- do  case  should  money  l>e  sent  enclosed  with  models. 

Vi* 


1^0  PATENT   LAWS   AND   REGULATIONS.   • 

All  paj'ments  to  or  by  the  office  must  be  made  in  specie.  But  the  oflBce  will  endeavor, 
by  iill  proper  methods,  to  diminish  the  inconvenience  and  risk  resulting  from  a  rigid  ad- 
h(!rence  to  this  rule. 

Taking  and  transmitting  Testimony. — In  contested  cases,  the  following  rules  have  been 
established  for  taking  and  transmitting  evidence : — 

1.  That  all  statements,  declarations,  evidence,  &c.,  shall  be  in  writing,  setting  forth 
minutely  and  particularly  the  point  or  points  at  issue,  and  shall  be  verified  by  oath  or 
affirmation. 

2.  That  before  the  deposition  of  a  witness  or  witnesses  be  taken  by  either  party,  notice 
shall  be  given  to  the  opposite  party  of  the  time  and  place  when  and  where  such  deposi- 
tion or  depositions  will  be  taken ;  so  that  the  opposite  party,  either  in  person  or  by  at- 
torney, shall  have  full  opportunity  to  cross-examine  the  witness  or  witnesses.  And  such 
notice  shall,  with  proof  of  service  of  the  same,  be  attached  to  the  deposition  or  depositions, 
whether  the  party  cross-examines  or  not ;  and  such  notice  shall  be  given  in  sufficient 
time  for  the  appearance  of  the  opposite  party,  and  for  the  transmission  of  the  evidence  to 
the  patent-office  before  the  day  of  hearing. 

3.  That  all  evidence,  &c.,  shall  be  sealed  and  addressed  to  the  commissioner  of  pat- 
ents, by  the  persons  before  whom  it  shall  be  taken,  and  so  certified  thereon. 

4.  That  the  certificate  of  the  magistrate  taking  the  evidence  shall  be  substantially  in 
the  following  form,  and  written  upon  the  envelope,  viz  : — 

"  I  hereby  certify,  that  the  depositions  of  A.  B.,  C.  D.,  <fec.,  relating  to  the  matter  of  in- 
terference between  E.  F.  and  G.  H.,  wez-e  taken,  sealed  up,  and  addressed  to  the  com- 
missioner of  patents  by  me.  JOHN  SMITH,  Jiwtt'ce  o/t Ac  Peace." 

In  cases  of  extension,  where  no  opposition  is  made,  exparte  testimony  will  be  re- 
ceived from  the  applicant ;  and  such  testimony  as  may  have  been  taken  by  the  applicant 
prior  to  notice  of  opposition,  shall  be  received :  provided,  the  applicant  shall  give 
prompt  notice  to  the  opposing  party  or  parties  of  the  names  and  residences  of  the  wit- 
nesses whose  testimony  has  been  thus  taken. 

That  no  evidence,  statement,  or  declaration,  touching  the  matter  at  issue,  will  be  ccn- 
sidercd  upon  the  said  day  of  hearing,  which  shall  not  have  been  taken  and  filed  in  com- 
pliance with  these  rules :  provided,  that  if  either  party  shall  be  unable,  for  good  and  suffi- 
cient reasons,  to  procure  the  testimony  of  a  witness  or  witnesses  within  the  stipulated 
time,  then  it  shall  be  the  duty  of  said  party  to  give  notice  of  the  same  to  the  comrais- 
sioner  of  patents,  accompanied  by  statements,  under  oath,  of  the  cause  of  such  inability, 
and  of  the  steps  which  have  been  taken  to  procure  said  testimony,  Hz\d  of  the  time  ov  times 
when  ettbits  have  been  made  to  procure  it;  which  last-mentioned  notice  to  the  commis- 
eiou<r  shall  be  received  by  him  previous  to  the  day  of  hearing  aforesaid.  The  notice  for 
talcing  testimony  must  be  served  by  delivering  to  the  adverse  party  a  copy.  If  he  is  not 
found,  such  service  may  be  made  upon  his  agent  or  attorney  of  record,  or  by  leaving  a 
copy  at  the  party's  usual  place  of  residence,  with  some  member  of  the  family  who  has 
arrived  at  the  years  of  discretion.  It  must  be  annexed  to  the  deposition,  with  a  certifi- 
cate, duly  sworn  to,  stating  the  manner  and  time  in  which  the  service  was  made. 

The  testimony  must  (if  either  party  desires  it)  be  taken  in  answer  to  interrogatories — 
having  the  qiiesfious  and  answer.-)  committed  to  writing  in  their  regular  order  by  a  ma- 
gistrate, or,  under  his  direction,  by  some  person  not  interested  in  the  issue,  or  the  agent 
or  attorney  of  one  who  is.   The  deposition,  when  complete,  must  be  signed  by  the  witness. 

Tlie  magistrattj  must  append  to  the  diposition  his  certificate,  stating  the  time  and  place 
at  which  it  was  taken,  the  names  of  the  witnesses,  the  administration  of  the  oath,  at 
w!u)~e  request  the  testimony  was  taken,  the  occasion  upon  which  it  is  intended  to  be  used, 
the  names  of  the  adverse  parties  (if  any),  and  whether  they  were  present. 

No  notice  will  be  taken,  at  the  hearing,  of  any  merely  formal  or  technical  objection, 
unless  it  may  reasonably  be  presumed  to  have  wrought  a  substantial  injury  to  the  party 
raising  the  objection  ;  nor  even  then,  unless,  as  soon  as  that  party  became  aware  of  the 
objection,  he  immediately  gave  notice  thereof  to  the  patent-office,  and  also  to  the  oppo- 
site party,  informing  him  at  the  same  time  that,  unless  corrected,  he  ehould  urge  his  ob- 
jection at  the  hearing. 

The  following  forms  are  recommended  for  observance  in  taking  depositions : — 

No.  131.— Form  of  DepositioiL 

A.  B.,  bring  duly  sworn,  doth  depose  and  say,  in  answer  to  interrogatories  proposed 
to  him  by  CD.,  counsel  for  E.  F.,  as  follows,  viz : — 

1.  Interrogatory.  What  is  your  name,  your  residence  and  occupation  ? 

I.  Answer.  My  name  is  A.  B. ;  1  am  a  carpenter,  and  reside  in  Boston,  Massachusetts. 

And  in  answer  to  cross-interrogatories  proposed  to  hun  by  G.  H.,  counsel  for  I.  K.,  as 
follows,  viz : — 

1.  Cross-interrogatory,  ffC, 

(Signed)  "  A.  B, 


•      PATEIVr    LAWS   AND    REGULATIONS.  X5] 

State  of  Nod  York,  \ 
Ren$$daer  County,  >  "' 

At  7'mjr,  in  naid  county,  on  the  tenth  day  of  December,  A.  D.  1855,  before  me  personally 
nppe'irrd  the  above-DRmod  A.  B.,  and  made  oath  that  the  foregoing  deposition,  by  him 
•ubscribed,  contains  tlie  whole  truth,  and  nothinar  but  the  truth. 

The  said  deposition  is  taken  at  the  request  of  E.  F.,  to  be  used  upon  the  hearing  of  nn 
interference  between  the  claima  of  the  said  E.  F.  and  those  of  I.  K.,  before  the  coniniis- 
eioner  of  patents  of  the  United  States,  at  his  oflBce,  on  the  tenth  day  of  January  iinxt. 
The  said  I.  K.  was  duly  notified,  as  appears  by  the  original  notice  hereto  annexed,  and 
attended  by  G.  H.,  his  counsel.  Certified  by  me,        L.  M.,  Justice  of  the  Peace. 

The  magistrate  must  then  seal  up  the  deposition  when  completed,  and  endorse  upon 
the  envelope  a  certificate,  according  to  the  form  before  prescribed,  and  sign  it. 

Rules  of  Correspondence. — All  correspondence  must  be  in  the  name  of  the  commis- 
eioner  of  patents  ;  and  all  letters  and  other  communications  intended  for  the  office  must 
be  addressed  to  him.  If  addressed  to  any  of  the  other  officers  they  will  not  be  noticed, 
unless  it  should  be  seen  that  the  mistake  was  owing  to  inadvertence. 

Where  an  agent  has  filed  his  power  of  attorney,  duly  executed,  the  correspondence 
will,  in  ordinary  cases,  be  held  with  him  only.  A  double  correspondence  with  him  and 
his  principal,  if  generally  allowed,  would  largely  enhance  the  labor  of  the  office.  For 
the  same  reason,  the  assignee  of  the  entire  interest  in  an  invention  ia  alone  entitled  to 
hold  correspondence  with  the  office,  to  the  exclusion  of  the  inventor.  If  the  principal 
becomes  dissatisfied,  he  must  revoke  his  power  of  attorney,  and  notify  the  office,  which 
will  then  communicate  with  him.  All  communicntions  to  and  from  the  commissioner 
npon  official  business  are  carried  in  the  mail  fi-ee  of  postage. 

Of  filing  Pffpert.— Every  paper  filed  in  the  patent-office  must  be  endorsed  in  such  man- 
ner as  to  show  its  general  character  on  the  outside.  I'Tiey  must  be  written  in  a  fair, 
legible  band,  without  interlineation  or  erasure.  Papers  filed  are  considered  permanent 
records  of  the  office,  and  can  not  be  withdrawn  except  to  correct  a  clericnl  error. 

Of  Amendments. — All  amendments  of  specifications  or  claims  must  be  made  on  sepa- 
rate sheets  of  paper  from  the  original,  and  must  be  permanently  fastened  to  the  original 
papers  before  filing. 

When  amendments  are  required,  the  papers  themselves  are  generally  returned  to  the 
apph'cant ;  but  it  is  only  to  enable  him  to  make  those  amendments  so  as  to  be  in  harmony 
with  the  cont<',xt.  Even  when  the  amendment  consists  in  striking  out  a  portion  of  the 
specification  or  othcT  paper,  the  same  course  should  be  observed.  No  erasure  must  bo 
made.  The  papers  must  remain  for  ever  just  as  they  were  when  filed,  so  that  a  true 
history  of  all  that  has  been  done  in  the  case  may  be  gathered  from  them. 

The  following  are  given  as  epecimens  of  the  forms  proper  to  be  observed  iu  such 
cuesi— 

"  I  hereby  amend  my  speciflcation  by  inserting  the  following  words  after  the  word 

In  the line  of  the page  thereof"  [here  nhould  follow  the  words  that  are  to  bo 

inserted]  ;  or,  "  I  hereby  amen<I  my  hix'cificulion  by  striking  out  the line  of  the  - 

page  thereof ;"  or,  "  by  striking  out  tlie  first  and  fourth  cluims  appended  thereto  ,"  oc 
what*^ver  may  bo  the  amendment  desired  by  the  applicant 

The  forms  of  other  amendments  will  readily  suggest  themselves.  In  each  case  the  ex- 
act words  to  be  struck  out  or  insf  rted  sifould  be  clearly  described,  and  the  precise  point 
where  any  ir-.r^t;,  ,,  i^  t,,  »,„  made. 

Where  p:  ned  to  the  nppMcnnt  for  amendment,  the  original  papers  must 

In  all  caaes  1  the  offlr-e  for  preservntion,  together  with  the  amendments. 

In  some  cu. ..  ..;ii  nts  will  be  permitted  to  he  made  by  writing  out  the  entire  pn- 

per  anew  ;  but  ev<-ii  wlit;n  this  is  done,  the  original  pnper  must  be  returned  and  preserved. 

No  paper  will  be  allowed  to  be  taken  from  tliis  office  unless  receipted  for,  or  unh'ss  a 
written  request  bo  filed  by  the  party  entitled  to  control  the  case,  nor  until  all  interlinea- 
tions and  eraBun?8  are  clearly  noted  on  the  paper  in  such  a  manner  as  to  prevent  the 
poMlbillty  of  any  change  being  made  without  the  certainty  of  immediate  detection. 

The  practice  which  has  Ix^'n  sometimes  pursued  of  placing  the  affidavit  ol  the  appH 
euit  on  one  piece  of  paper,  and  the  signature  to  the  specification  on  another,  so  that  both 
may  h[|^etaehed  and  applied  to  other  papers,  will  bo  looked  upon  with  suspicion,  aini 
Miy  rRd  labstltutlxn  will  l>e  carefully  guarded  against. 

No  rach  s|  will  be  received  unless   attached  together  by  n  tape,  both  the 

ends  of  whi'  1  by  the  seal  of  the  officer  who  administered  the  ontli,  or  unlesn 

(hat  officer  r  nibed  his  name  npon  each  separate  sheet  of  paper,  so  as  to 

•how  !'  rited  is  the  same  that  was  Bubscribed  and  sworn  to. 

Ri'  lie  following  rules  wijl  be  strictly  observed,  except  when, 

fore.  ^  a  modification  shall  be  nUo  wed  bv  the  compiissioner:— 

'Ipon  Uio  rejection  of  un  application  for  a  patent  for  the  want  of^novclty,  the  applicant 


lo2  PATENT    LAWS    AND    REGULATIONS.    • 

■will  be  furnished  with  references  to  the  cases  on  which  the  rejection  was  mnde,  with  a 
brief  explanation  of  the  cause  of  rejection.  If  he  desires  a  copy  of  the  cases  so  referred 
to,  or  of  the  plates  or  drawings  connected  with  thena,  these  will  all  be  forwarded  to  hiin 
on  payment  of  the  cost  of  making  such  copies. 

If  the  applicant  feels  able  to  remove  the  objections  raised  by  the  oflBce,  he  may  him- 
self, or  by  his  agent,  come  before  the  proper  examiner,  between  two  and  three  o'clock, 
P.  M.,  on  any  Monday,  Wednesday,  or  Friday,  of  the  week,  for  the  puipose  of  making 
the  desired  explanations,  or  he  may  forward  his  reasons  in  writing,  to  be  laid  beforo  the 
examiner. 

Should  there  be — notwithstanding  these  reasons — a  second  rejection,  the  applicant 
may  in  person,  or  by  his  agent,  or  in  writing,  as  above  contemplated,  bring  the  matter 
before  the  commissioner,  who  will,  if  possible,  examine  the  case  in  person  ;  but  should 
he  not  be  sufficiently  at  leisure,  it  will  be  referred  to  a  board  of  examiners. 

The  decision  attained  in  either  of  these  modes  will  be  final,  so  far  as  the  action  of  the 
patent-office  is  concerned.  The  only  remaining  remedy  will  be  by  appeal  in  those  cases 
allowed  by  law. 

Of  giving  or  withholding  Information. — Aside  from  the  cayeats,  which  are  required 
by  law  to  be  kept  secret,  all  pending  applications  are,  as  far  as  practicable,  preserved  in 
like  secrecy.  No  information  will  therefore  be  given  to  inquiries  whether  any  particular 
patent  is  before  the  office,  or  whether  any  particular  person  has  applied  for  a  patent. 

But  information  is  given  in  relation  to  any  case  after  a  patent  has  issued,  or  after  a  pat- 
ent has  been  refused,  and  the  further  prosecution  of  the  application  has  been  abandoned. 

The  models  in  such  cases  are  so  placed  as  to  be  subject  to  general  inspection ;  the  spe- 
cifications and  drawings  in  any  particular  case  can  be  seen  by  any  one  having  pai  ticular 
occasion  to  examine  them,  and  copies  thereof,  as  well  as  of  patents  granted,  will  be  fur- 
nished to  any  one  willing  to  pay  the  bare  expense  of  making  them.  Copies  will  be  made 
on  parchment  at  the  request  of  an  applicant,  upon  his  paying  the  additional  cost. 

Even  after  a  case  is  rejected,  the  application  is  regarded  as  pending  until  after  the 
decision  of  an  appeal  thereon,  or  until  after  the  party  has  withdrawn  the  case  from  the 
further  consideration  of  the  office;  but  if  a  party,  whose  application  has  been  reject«d, 
allows  the  matter  to  rest  for  two  years  without  taking  any  further  steps  therein,  he  will 
be  regarded  as  having  abandoned  his  application,  so  far  at  least  that  it  will  no  longer  be 
protected  by  any  rule  of  secrecy.  And  in  all  crises  where  the  specification  is  withdrawn 
from  the  office,  and  retained  by  the  applicant  or  his  agent  for  six  months  or  upward,  the 
like  abandonment  will  be  presumed. 

The  specification,  drawings,  and  model,  will  then  be  subject  to  inspection  in  the  same 
manner  as  those  of  patented  or  withdrawn  applications. 

Information  in  relation  to  pending  cases  is  given  so  far  as  it  becomes  necessary  in  con- 
ducting the  business  of  the  office,  but  no  further.  Thus  when  an  interference  is  declftred 
between  two  pending  applications,  each  of  the  contestants  is  entitled  to  a  knowledge  of  so 
much  of  his  antagonist's  case  as  to  enable  him  to  conduct  his  own  understandingly. 

And  where  the  rejection  of  an  application  is  founded  upon  another  case  previously 
rejected,  but  not  withdrawn  or  abandoned,  the  rejected  applicant  will  be  furnished  with 
all  information  in  relation  to  the  previously  rejected  case  which  is  necessary  for  the 
proper  understanding  and  management  of  his  own. 

When  an  applicant  claims  a  certain  device,  and  the  same  device  is  found  described  but 
not  claimed  in  another  pending  application  which  was  previously  filed,  information  of 
the  filing  of  such  second  application  is  always  given  to  the  prior  applicant,  with  a  sug- 
gestion that  if  he  desires  to  claim  a  patent  forOhat  device,  he  should  forthwith  modify  his 
specification  accordingly. 

But  where  the  application  which  thus  describes  a  device  without  claiming  it  is  subse- 
quent in  date  to  that  wherein  such  device  is  claimed,  the  general  rule  is,  that  no  notice  of 
the  cliiim  in  the  previous  application  is  given  to  the  subsequent  applicant.  But  where 
there  are  any  special  reasons  to  doubt  whether  the  prior  applicant  is  really  the  inventor 
of  the  device  claimed,  or  where  there  are  any  other  peculiar  and  sufficient  reasons  for 
departing  from  the  lule  above  stated,  the  office  reserves  to  itself  the  right  of  so  doir)g 
witliout  its  being  regarded  as  a  departure  from  established  rule. 

The  office  can  not  respond  to  inquiiies  as  to  the  novelty  of  an  alleged  invention,  in 
advance  of  an  application  for  a  patent,  in  manner  pointed  out  on  page  138,  for  obvious 
reasons ;  nor  to  inquiries  founded  upon  brief  and  imperfect  descriptions,  propouTided 
with  a  view  of  ascertaining  whether  such  alleged  improvements  have  been  patented, 
and  if  so,  to  whom  ;  nor  can  it  act  as  an  expounder  of  the  patent-law,  or  as  counsellor 
for  individuals,  except  as  to  questions  arisinar  within  the  office. 

All  business  with  the  office  should  be  transacted  in  writing,  unless,  by  the  consent  of 
all  parlies,  the  action  of  the  office  will  be  predicat<'d  exclusively  on  the  written  record. 
No  attention  will  be  paid  to  any  alleged  verbal  promise  or  understanding,  in  relation  to 
which  there  is  any  disagreement  or  doubt. 


PUBLIC    LANDS PRE-EMPTION.  J[53 


PUBLIC  LANDS— PRE-EMPTION. 

The  right  of  pre-emption  to  the  public  lands  of  the  United  States  is  granted 
and  defined  by  the  act  of  Congreaa  of  September  4,  1841,  and  the  amendatory  ot 
sapplementary  act  of  March  3,  1843.  The  'regulations  which  we  here  present 
have  been  compiled  from  instructions  issued  from  the  general  land-office  to  the 
registers  and  receivers,  and  will  be  found  to  contain  all  the  information  requisite 
to  enable  pre-emptors  to  avail  themselves  of  the  privileges  of  the  acts. 

The  individual  claiming  the  benefits  of  the  act  of  1841,  as  amended  by  the  act 
of  1843.  must  be— 

1.  Eitlier  a  citizen  of  the  United  States,  or  have  filed  his  declaration  of  intention 
to  become  a  citizen,  at  the  time  of  the  settlement  on  which  his  claim  is  based. 

2.  Either  the  head  of  a  family,  or  a  widow,  or  a  single  man  over  the  age  of 
twenty-one  years. 

3.  An  inhabitant  of  the  tract  sought  to  be  entered,  upon  which  in  person  he 
has  made  a  settlement  and  erected  a  dwelling-house,  and  otherwise  improved 
■aid  tract  since  the  lat  of  June,  1840,  and  ptior  to  the  time  when  the  land  is 
applied  for;  which  land  must,  at  the  date  of  the  settlement,  have  had  tlie  Indian 
title  extinguished,  and  been  surveyed  by  the  United  States. 

By  the  ninth  section  of  the  act  of  the  3d  of  March,  J  843,  the  entry  of  a  claim 
oiidt'r  the  act  of  the  4th  of  September,  1841,  may  be  made,  although  it  may  be 
for  land  not  surveyed  at  the  time  of  the  settlement,  where  such  settlement  was 
made  prior  to  the  4th  of  September,  1841,  and  after  the  extinguishment  of  tlie 
Indian  title. 

A  person  failing  in  any  one  of  these  requisites  can  have  no  claim  by  virtue  of 
this  act. 

A  person  bringing  himself  within  each  of  the  above  requirements  by  proof 
•aiisfactory  to  the  register  and  receiver  of  the  land-district  in  which  the  lands  may 
lie,  taken  pursuant  to  the  rules  hereinafter  prescribed,  will,  after  having  taken 
the  affiiJavit  required  by  the  act,  be  entitled  to  enter,  by  legal  subdivisions,  any 
number  of  acres  not  exceeding  one  hundred  and  sixty,  or  a. quarter-section,  to 
include  his  residence,  and  he  may  avail  himself  of  the  same  at  any  time  prior  to 
the  day  of  the  commencement  of  the  ])ublic  sale,  including  said  tract  where  the 
land  has  not  yet  been  proclaimed. 

Where  the  land  was  subject  to  private  entry  at  the  date  of  the  law,  and  a  set- 
tlement shall  thereafter  be  made  upon  rach  land,  or  where  the  land  shall  have 
become,  or  shall  hereafter  become,  subject  to  private  entry,  and  after  that  period 
a  settlenKnt  shall  be  made,  which  the  settler  in  desirous  of  securing  under  this 
act,  such  notice  of  his  intention  must  be  given  within  thirty  days  after  the  date 
of  such  ■ettlon»?nt.  Such  notice,  in  all  cases,  must  be  a  written  one,  describing 
the  land  settled  u[)or),  and  declaring  the  intention  of  such  person  to  claim  the 
same  under  lh»?  provisions  of  this  act.  (See  forms  131  and  132.)  The  proof,  nrti- 
davit,  and  payment,  must  be  made  within  twelve  months  after  the  date  of  such 
settlomt-nt. 

Where  the  land  has  not  been  offered  at  pnblic  »nJe,  and  thus  rendered  subject 
to  private  entry,  a  similar  "notice  in  writing"  must  be  filed  within  thru  months 
after  settlement  (or  sooner,  if  the  land  is  proclaimi-d  for  sale) ;  and  the  proof,  pay- 
ment, and  affidavit  of  the  claimant,  must  be  made  before  the  day  fixed  for  the 
eommrnremrnt  of  the  public  sale  which  shall  include  the  tract  claimed.  (See 
fbrai  133  ) 

A  person  who  has  filed,  or  shall  hereafter  file,  according  to  law,  a  declaratory 
ftatement  for  a  tract  of  land  subject  to  private  entry,  mav  enter  tlie  same  after 
the  twehre  months  from  the  time  of  his  settlement  shall  have  expired,  without 


J  54  PUBLIC    LANDS PRE-EMPTION.        ^ 

filing  any  proof  of  his  right  as  a  pre-emptor,  provided  he  is  the  first  applicant, 
after  that  time,  for  the  entry  of  the  same  at  private  sale. 

The  tracts  liable  to  entry  under  tliese  acts  are  some  one  of  the  following  desig- 
nations : — 

1.  A  regular  quarter-section,  notwithstanding  its  quantity,  may  be  a  few  acree 
more  or  less  than  one  hundred  and  sixty ;  or  a  quarter-section,  which,  though 
fractional  in  quantity  by  the  passage  of  a  navigable  stream  through  the  same,  h 
still  bounded  by  regular  sectional  and  quarter-sectional  lines. 

2.  A  fractional  section,  containing  not  over  one  hundred  and  sixty  acres,  or 
any  tract  being  a  detached  or  anomalous  survey,  made  pursuant  to  law,  and  not 
exceeding  said  quantity. 

3.  Two  adjoining  half  quarter-sections  of  the  regular  quarters  mentioned  in 
the  first  designation ;  or,  two  adjoining  eighty-acre  subdivisions  of  the  irregular 
quarters  found  on  the  north  and  west  sides  of  townships,  where  more  than  two 
such  subdivisions  exist,  or  the  excess  may  render  them  necessary,  provided  in 
the  latter  case  the  aggregate  quantity  does  not  exceed  one  hundred  and  sixty 
acres. 

4.  Two  half  quarter  or  eighty-acre  subdivisions  of  a  fractional  or  broken  sec- 
tion, adjoining  each  other,  the  aggregate  quantity  not  exceeding  one  hundred 
and  sixty  acres. 

5.  A  regular  half  quarter  and  an  adjoining  fractional  section,  or  an  adjoining 
half  quarter  subdivision  of  a  fractional  section,  the  aggregate  quantity  not  ex- 
ceeding one  hundred  and  sixty  acres. 

6.  If  the  pre-emptor  should  not  wish  to  enter  the  quantity  of  one  hundred  and 
sixty  acres,  he  may  enter  a  single  half-quarter  section,  or  an  eighty-acre  subdi- 
vision of  a  fractional  section. 

7.  One  or  more  adjoining  forty-acre  lots  may  be  entered,  the  aggregate  not 
exceeding  one  hundred  and  sixty  acres. 

8.  A  regular  half-quarter,  a  half-quarter  subdivision,  or  a  fractional  section,  may 
each  be  taken  with  one  or  more  forty-acre  subdivisions  lying  adjoining,  the  aggre- 
gate not  exceeding  one  hundred  and  sixty  acres. 

Forty-acre  tracts  or  quarter-quarter  sections,  are  subject  to  entry,  selection, 
or  location,  precisely  in  the  same  manner  that  eighty-acre  tracts,  or  half-quarter 
sections,  have  heretofore  been. 

Only  one  person  on  a  quarter-section  is  protected  by  this  law,  and  that  is  the 
one  who  made  the  frst  settlement,  provided  he  shall  have  conformed  to  the  other 
provisions  of  the  law. 

A  person  who  has  once  availed  hirnself  of  the  provisions  of  this  act,  can  not  at 
any  future  period,  or  at  any  other  land-office,  acquire  another  right  under  it. 

No  person  who  is  the  proprietor  of  three  hundred  and  twenty  acres  of  land  in 
any  state  or  territory  of  the  United  States,  is  entitled  to  the  benefits  of  this  act. 

No  person  who  shall  quit  or  abandon  his  residerice  on  his  own  land,  to  reside 
on  the  public  land  in  the  sa7ne  state  or  territory/,  is  entitled  to  the  benefits  of  this 
act ;  and  satisfactory  proof  must  be  funiished  that  he  has  not  done  so. 

Land  is  not  properly,  legally  surveyed,  until  the  surveys  made  by  the  deputies 
are  approved  by  the  surveyor-  general ;  but  in  accordance  with  the  spirit  and 
intent  of  the  law,  and  for  the  purpose  of  bringing  the  settler  within  its  provisions, 
the  land  is  to  be  construed  as  surveyed  when  the  requisite  lines  are  run  on  the 
field,  and  the  corners  established  by  the  deputy-surveyor. 

No  assignments  or  transfers  of  pre-emption  rights  can  be  recognised.  The 
patents  must  issue  to  the  claimants,  in  whose  names  alone  all  entries  must  be 
made. 

Suridry  Descriptions  of  Land  which  are  exempted  from  the  Operations  of  this 
Act. — 1.  Lands  included  in  any  reservation  by  any  treaty,  law,  or  proclamation, 
of  the  president  of  the  United  States,  and  lands  reserved  for  salines  or  for  other 
purposes. 

2.  Lands  reserved  for  the  support  of  schools. 

3.  Lands  acquired  by  either  of  the  last  two  treaties  with  the  Miami  tribe  of 
Indians  in  the  state  of  Indiana,  or  which  may  be  acquired  of  the  Wyandot  tribe 
of  Indians  in  the  state  of  Ohio,  or  other  Indian  reservation  to  which  the  title  has 


PUBLIC    LANDS — PRE-EMPTION.  lOO 

been  or  m(iy  be  extingaislted  by  thd  United  States  at  any  time  daring  the  opera 
tiun  of  these  acts. 

i.  Sections  of  land  reserved  to  the  United  Stateis,  alternato  to  other  sections 
granted  to  any  of  the  states  for  the  construction  of  any  canal,  railroad,  or  other 
public  improvement. 

5.  Sections  or  fractions  of  sections  included  within  the  limits  of  any  incorpo- 
rated town. 

6.  Every  portion  of  the  public  lands  which  has  been  selected  as  a  site  for  a 
city  or  town. 

7.  Every  parcel  or  lot  of  land  actually  settled  and  occupied  for  the  purposes 
of  trade,  and  not  agriculture. 

8.  All  lands  on  which  are  situated  any  known  salines  or  mines. 

Pereons  claiming  the  benefits  of  this  act,  are  required  to  file  duplicate  affi- 
davits sQch  as  tlie  law  requires,  and  to  furnish  proof  by  one  or  more  disinterested 
witnesses  of  the  facts  necessary  to  e-stablish  the  three  requisites  pointed  out  in 
the  commencement  of  these  instructions,  and  that  referred  to  in  a  succeeding 

Elace,  in  relation  to  the  claimant  not  having  quit  or  abandoned  his  residence  on 
is  own  land. 

The  witnesses  are  to  be  first  duly  sworn  or  affirmed  to  speak  the  truth  and  the 
whole  truth,  touching  the  subject  of  inquiry,  by  some  officer  competent  to  admin- 
ister oaths  and  affirmations  ;  and,  if  not  too  inconvenient  by  reason  of  distance  of 
residence  from  the  land  office  of  the  di.striot,  or  other  good  cause,  must  be  exam- 
ined by  the  register  or  receiver,  and  the  testimony  reduced  to  writing  in  their 
presence,  and  signed  by  each  witness,  and  certified  by  tlie  officer  admbistering 
the  oath  or  affirmation,  who  must  also  join  in  certifying  as  to  the  respectability 
and  credit  of  each  witness. 

In  case  adverse  claims  shall  be  made  to  the  same  tract,  each  claimant  will  bo 
notified  of  the  time  and  place  of  taking  testimony,  and  allowed  the  privilege  of 
oross-examining  the  opposite  witnesses,  and  of  producing  counter-proof,  which 
will  also  bo  subject  to  crosK-exarnination. 

When,  by  reason  of  distance,  sickness,  or  infirmity,  the  witnesses  can  not  coma 
before  tho  register  or  receiver,  these  officers  are  authorized  to  receive  their 
depositiooa,  which  must  be,  in  all  other  respects,  conformable  to  the  within  regu- 
lations. 

The' proof  furnished  to  tlie  register  or  receiver,  in  all  cases,  should  consist  of 
a  simple  detail  of  facts  merely,  and  not  of  statements  in  broad  or  general  terms, 
involving  conclusions  of  law.  It  is  the  exclusive  province  of  the  register  or  re- 
ceiver to  determine  the  legal  conclusions  arising  from  the  facts.  For  instance,  a 
witness  will  not  be  permitted  to  state  that  a  claimant  is  the  "head  of  a  family," 
&.C.,  following  the  words  »f  the  law,  but  must  set  forth  the  facts  on  which  he 
grounds  such  allcgaiionfl;  ber-ause  such  a  mode  of  testifying  substitutes  the  judg- 
ment of  the  witness  for  that  of  tho  regiMler  or  receiver,  and  allows  him  not  only 
U)  determine  the  facts,  but  tho  law.  A  witnesH  may  possiMy  conscientiously  tes- 
tify that  a  minor  son,  living  with  a  widowed  mother,  was  the  head  of  the  family  ; 
and,  in  another  case,  similar  in  point  of  fact,  anotlier  witness,  equally  conscien- 
tious, might  testify  that  the  widowed  mother  was  the  head  of  tlie  family.  There 
can  not  be  a  uniform  construction  given  to  the  law,  if  it  is  carelessly  left  to  tho 
opinion  of  every  witness.  Registers  and  receivers  have  therefore  been  instructed 
not  to  receive  as  testimony  or  prfH)f  a  peneral  statement,  which  embodies,  in 
general  terms,  the  conclusions  of  law,  without  stating  the  facts  specifically. 

The  witneises  must  ntate,  if  the  pre  emptor  be  tho  "head  of  a  family,"  the 
facts  whj<!h  constitute  him  snrh  ;  whether  a  liunband  having  a  wife  and  children, 
or  a  widower,  or  an  unmarried  person  nnde.r  twenty-one  years  of  age,  having  a 
family,  either  of  relatives  or  others  depending  upon  him,  or  hired  persons,  or 
■lares. 

All  tho  facta  respecting  the  settlement  in  person,  inhabitancy  or  personal  resl- 
doDce,  the  time  of  commencement,  the  manner  and  extent  of  continuance,  ns  well 
W  those  showing  the  apparent  objects,  should  be  stated. 

It  roost  be  stated  that  the  claimant  made  the  settlement  on  the  land  in  person ; 
that  be  ha«  erected  a  dwelling  upon  the  land  ;  that  the  claimant  lived  in  it ;  and 


156  PUBLIC    LANDS PRE-EMPTION. 

made  it  his  home,  Sec.  By  this  means,  the  register  or  receiver  will  be  enabled 
to  determine  whether  or  not  the  requisites  of  the  law  have  been  complied  with 
in  any  given  case. 

The  071J7/  affidavit  required  of  the  claimant  is  that  prescribed  by  the  thirteenth 
section  of  the  act  of  1841.  (See  form  134.)  This  affidavit  must  be  taken  "before 
the  register  or  receiver  of  the  land-district  in  which  the  land  is  situated,"  before 
an  entry  is  permitted,  and  must  be  of  the  same  date  with  the  certificate  of  entry. 
An  affidavit  before  any  other  person  will  not  justify  the,  entry  of  the  land.  Du- 
plicates thereof  must  be  signed  by  the  claimant* 

A  claimant  is  bound  to  prove  his  right  to,  and  enter,  all  the  land  embraced  by 
his  declaratory  statement,  if  liable  to  the  operations  of  the  act.  No  transfer  or 
assignment  of  his  claims  can  be  made  by  a  claimant  under  the  law  of  1841.  The 
law  d^eclares  such  "null  and  void." 

The  proof  filed  by  every  claimant  must  show  the  iime^  of  the  commencement 
of  ike  settlement. 

The  second  section  of  the  act  of  March  3,  184.3,  provides  for  the  rights  of  par- 
ties who  shall  have  died  before  consummating  their  claims,  by  the  filing,  in  due 
time,  of  all  the  papers  essential  to  establish  the  same.  If  proof  of  such  right  shall  be 
filed,  and  payment  theretbr  be  made  by  the  executor,  administrator,  or  one  of  the 
heirs,  du7-ing  the  period  prescribed  by  the  law  upon  vhich  the  claim  is  founded, 
the  entry  may  be  made  in  the  name  of  "  the  heirs"  of  the  deceased  claimant.  A 
patent  on  such  an  entry  will  cause  the  title  to  inure  to  said  heirs,  as  if  their 
names  had  been  specially  mentioned.  In  cases  of  this  kind,  the  affidavit  re- 
quired of  the  pre-emptor  will  be  taken  by  the  person  so  filing  the  proof;  and 
should  such  person  be  one  of  the  heirs,  he  or  she  should  be  of  age  and  mind 
competent  to  appreciate  the  nature  and  obligation  of  an  oath.     (See  form  135.) 

The  fourth  section  of  the  act  of  1843  declares  it  unlawful  for  an  individual,  who 
has  once  filed  a  declaration  for  one" tract  of  land,  to  file  at  any  future  time  a  sec- 
ond declaration  for  another  tract.  This  has  reference  to  those  required,  under 
the  fifteenth  section  of  the  act  of  1841,  for  land  subject  at  the  time  of  settlement 
to  entry  at  private  sale. 

The  fifth  section  requires  that  similar  notices  or  declarations  in  writing  should 
be  filed  by  settlers,  under  the  act  of  the  4th  of  September,  1841,  on  land  not  sub- 
ject to  private  entry.  These  declarations  are  to  be  filed  in  the  office  of  the  regis- 
ter or  receiver  by  every  such  settler  within  three  months  after  his  settlement. 

By  the  sixth  section,  a  claimant  is  authorized  hereafter  to  file  a  declaration, 
under  the  law  of  the  4th  of  September,  1841,  or  to  make  an  entry  of  a  claim  under 
it,  although  the  time  prescribed  by  the  law,  for  the  filing  of  such  declaration,  or 
the  making  of  such  entry,  shall  have  expired,  provided  the  claimant  was  pre- 
vented, by  vacancy  in  either  the  receiver's  or  register's  office,  from  performing 
said  act  or  acts  within  such  time,  and  shall  perform  the  duties  required  by  the  . 
law  within  the  same  period  after  the  disability  is  removed,  as  he  would  have 
had  if  such  vacancy  had  not  occurred. 

The  price  of  public  lands  is  Sl.'JS  per  acre  ;  but  by  act  ot  IBS."?,  the  price  is 
reduced  for  lands  which  have  been  in  the  market  upward  of  ten  years,  to  $1,00  ; 
upward  of  fifteen  years,  to  75  cents;  of  twenty  years,  to  50  cents,  of  twenty -five 
years  to  25  cents;  of  thirty  years,  to  12J  cents;  except  mineral  and  reserved 
lands;  provided  the  land  is  purchased  for  actual  settlement  and  cultivation,  and 
not  more  than  320  acres  are  so  jmrchased.  Pre-emptors  have  a  right  to  these 
graduated  prices,  subject  to  the  foregoing  forms  and  restrictions 

The  only  things  required  of  a  purchaser  of  public  lands  are,  that  he  .shall  make 
en  application  in  writing  to  the  register  for  the  tract  desired  to  be  entered, 
and  pay  to  the  receiver  the  purchase-money.  He  will  find  a  blank  application 
at  any  of  the  land-offices  where  such  purchase  may  be  desired  to  be  made. 

*  The  law  provides  that  "  if  any  person  shall  swear  falsely  In  the  premises,  he  or  she  shaD 
be  subject  to  all  the  pains  and  penalties  of  perjury,  and  thall  forfeit  the  money  which  he  01 
she  may  have  paid  for  said  land,  and  all  right  and  title  to  the  same ;  and  any  f^raui  or  con- 
veyance which  he  or  she  may  have  made,  except  in  the  hands  of  bona-jUde  purcha.ser8,  for  a 
valuable  consideration,  shall  be  null  and  void." 

t  This  date  is  all  important  for  the  purpose  of  determiningf  in  all  cases  whether  the  seitla 
ment  was  made  within  the  proper  time,  and  whether  the  declaratory  statement  was  filecl 
lu  dua  season,  and  the  entry  made  within  th*}  legal  period  after  the  settlement 


PUBLIC    LANDS PRE-EMPTION. 


ISI 


Wo.  131. — Form  for  Cases  where  the  Land  claimed 

was  subject  to  Private  Entry  prior  to  September  4,  1841. 

I,  John  Doe,  of  the  town  of  Peoria,  in  the  county  of  Peoria,  and  atate  of  lui- 
ntns,  being  [the  head  of  a  family,  or  widow,  or  single  man  over  the  age  of  twenty- 
one  years^as  the  case  may  be,  and  a  citizen  of  the  United  States,  or  having  Ji^ed 
my  declaration  to  become  a  citizen  as  required  by  the  naturalization  laws,  as  the 
case  may  he\,  have,  since  \hQ  Jirtt  day  of  June,  one  thousand  eight  hundred  and 
farty,  to  wit:  on  the  ffleent^A&y  of  January,  one  thousand  eight  hundred  and 
Jifly,  settled  and  improved  the  northeast  quarter  of  sect,  number  two,  in  township 
number  /"oMr  north,  of  range  number  eight  east,  in  the  district  of  lands  subject  to 
Bale  at  the  la;)d-office  at  Chicago,  and  containing  one  hundred  and  sixty  acres, 
which  land  was  subject  to  private  entry  at  the  passage  of  the  act  of  the  fourth 
of  September,  one  thousand  eight  hundred  and  forty-one  ;  and  I  do  hereby  declare 
my  intention  to  claim  the  said  tract  of  land  as  a  pre-emption  right  under  the  pro- 
visions of  said  act  of  the  fourth  of  September,  one  thousand  eight  hundred  and 
forty -one. 

Given  under  my  hand,  this  twentieth  day  of  January j  one  thousand  eight  hun- 
dred and  ^/y.  JOHN  DOE. 
Signed  in  presence  of  John  Smith. 


No.  132. — For  Cases  where  the  Land  claimed  shall 

have  been  rendered  subject  to  Private  Entry  since  Septem- 
ber  4,  1841. 

I,  JoH5  Doe,  of  the  town  of  Qalena,  in  the  county  of  Jo  Daviess,  and  state  of 
Illinois,  being  [the  head  of  a  family,  or  widow,  or  single  man  over  the  age  of 
twenty-one  years,  as  the  case  may  be,  and  a  citizen  of  the  United  States,  or  hav- 
ing filed  my  declaration  to  become  a  citizen  as  required  by  the  naturalization 
\zw9,  as  the  case  may  be],  have,  since  the  first  day  of  June,  one  thousand  eight 
hundred  tiD^  fifty,  settled  the  southeast  quarter  of  section  number  three,  in  town- 
ihip  number  ^r«  north,  of  range /owr  cast,  in  the  district  of  lands  subject  to  sale 
at  the  land  office  of  Chicago,  and  containing  one  hundred  and  sixty  acres,  which 
land  has  been  rendered  subject  to  private  entry  since  the  passage  of  the  act  of 
the  fourth  of  September,  one  thousand  eight  hundred  and  forty-one,  but  prior  to 
my  settlement  thereon  ;  and  I  do  hereby  declare  my  intention  to  claim  the  said 
tract  of  land  as  a  pre-emption  right,  under  the  provisions  of  said  act  of  the  fourth 
of  September,  one  thousand  eiirht  hundred  and  forty-one. 

Given  under  my  hand,  \h\»  first  day  of  July,  one  thousand  eight  hundred  and 
fifty.  JOHN  DOE. 

Signed  m  pretence  of  John  Smith. 


No.  133. — Declaratory  Statement  for  Cases  where 

the  Land  is  not  subject  to  Private  Entry. 

I,  JoHH  Doe,  of  the  city  of  Detroit,  in  the  county  of  Wayne,  and  state  of 
MidUgan,  being,  Ac.  [as  tn  Nos.  131  and  1321,  have,  on  the  first  day  of  October, 
one  thousand  eight  hundred  and  fifty,  settl»;(l  and  improved  the  northeast  quar- 
ter of  lection  nomlwr  leu,  in  township  number  eight  north,  of  range  number  six 
east,  in  the  district  of  lands  subject  to  sale  at  the  land  office  at  Detroit,  and  con- 
taining one  hundred  and  sixty  acrrs,  which  land  has  not  yet  been  offered  at 
pablic  tale,  and  thus  rendered  subject  to  private  entry;  and  I  do  hereby  declare 
my  intention  to  claim  the  said  tract  of  land  aa  a  pre-emption  right,  under  the 

14 


158  PUBLIC    LANDS PRE-EMPTION. 

provisions  of  said  act  of  the  fonrth  of  September,  one  thousand  eight  hundred  and 
forty-one. 

Given  under  my  hand,  thia  tenth  day  of  October,  one  thousand  ei^ht  hundred 
and  Jifty.  JOHN  DOB. 

I^igned  in  presence  of  John  Smith. 


No.  134. — Affidavit  required  of  Pre-emptLon  Claim- 
ant. 

I,  John  Dok,  claiming  the  right  of  pre-emption*under  the  provisions  of  the  aci 
of  Congress,  entitled  "An  act  to  appropriate  the  proceeds  of  the  sale  of  the  pul)- 
lic  lands,  and  to  grant  pre-emption  rights."  approved  September .4,  1841,  to  the 
northcest  quarter  of  section  number  two,  *of  township  number  six  north,  of 
range  number  two  west,  subject  to  sale  at  Chicago,  do  solemnly  sv^ear  [or  affirm, 
as  the  case  may  be],  that  I  have  never  had  the  benefit  of  any  right  of  pre-emp- 
tion under  this  act;  that  I  am  not  the  owner  of  three  hundred  and  twenty  acres 
of  land  in  any  state  or  territory  of  the  United  States,  nor  have  I  settled  upon  and 
improved  said  land  to  sell  tlie  same  on  speculation,  but  in  good  failh  to  appropri- 
ate it  to  my  own  exclusive  use  and  benefit ;  and  that  I  have  not,  directly  or  indi- 
rectly, made  any  agreement  or  contract,  in  any  way  or  manner,-  with  any  person 
or  persons  whatsoever,  by  which  the  title  which  I  may  acquire  from  the  govern- 
ment of  the  United  States  should  enure,  in  whole  or  in  part,  to  the  benefit  of  any 
person  except  myself.  JOHN  DOE. 

I,  John  Smith,  register  [or  John  Joneb,  receiver],  of  the  land-office  at  Chi- 
cago, do  hereby  certify  that  the  above  affidavit  was  taken  and  subscribed  before 
me,  this  first  day  of  November,  one  thousand  eight  hundred  and  fifty. 

JOHN  Q^lTll,  Register. 
Or,  JOHN  JONES,  Receiver. 


No.  135.— Porm  of  Affidavit  to  be  filed  in  Cases, 

under  the  Act  of  the  Uh  of  September,  1841,  where  the  Settler 
shall  have  died  before  proving  up  and  entering  his  Claim. 

I  John  Doe  [executor  of  the  estate  of  Richard  Roe,  or  administrator  of  the 
estate  o/ Richard  Roe,  or  one  of  the  heirs  o/ Richard  Roe,  aged  forty  years, 
as  the  case  may  he\,  do  solemnly  swear  [or  affirm,  as  the  case  may  be],  thnt,  to 
the  best  of  my  knowledge  and  belief,  the  said  Richard  Roe,  who  was  a  settler 
on  the  north  half  of  the  northeast  quarter  of  section  number  seven,  of  township 
number  three  north,  of  range  number  one  east,  subject  to  sale  at  Chicago,  hsiB 
never  had  the  benefit  of  any  right  of  pre-emption,  under  tlie  act  entitled  "  An 
act  to  appropriate  the  proceeds  of  the  sales  of  the  public  lands,  and  to  grout  pre- 
emption rights,"'  approved  September  4, 1841 ;  that  he  was  not,  at  the  time  of  his 
death,  the  owner  of  three  hundred  and  twenty  acres  of  land  in  any  state  or  terri- 
tory of  the  United  States ;  that  he  did  not  settle  upon  and  improve  the  above 
tract  of  land  on  speculation,  but  in  good  faith  to  appropriate  it  to  his  ov/n  exclu- 
sive use  and  benefit ;  and  that  he  has  not,  directly  or  indirectly,  made  any  agiee 
mentor  contract,  in  any  way  or  manner,  with  any  person  or  persons  whatRoever, 
by  which  the  title  which  he  might  have  acquired  from  the  government  of  the 
United  States  should  enure,  in  whole  or  in  part,  to  the  benefit  of  any  person 
^cept  himself.  JOHN  DOE,  Executor, 

[^Or  administrator,  or  one  of  the  heirs  of  Richard  Roe,  as  the  case  may  be]» 

I,  John  Smith,  register  [or  John  Jones,  receiver]  of  the  land-office  at  Chi- 
cago, do  hereby  certify  that  the  above  affidavit  was  taken  and  subscribed  before 
rae.  tVa&Jifth  day  oi December,  one  thousand  eight  hundred  and  ffty. 

JOHN  SMITH,  Register. 
.  Cr  JOHN  JONES,  Receiver 


MILITARY    BOUNTY    LANDS.  159 


MILITARY  BOUNTY  LAND-BILL. 

0!«  the  2Sth  September,  1850,  Congrew  pasted  an  act  granting  bounty  land  to  certain  offS- 
eew  and  aoldiers  who  have  been  en^^a^ed  In  the  military  service  of  the  United  States,  or 
to  tljeir  widows  or  minor  children.  To  enable  the  numerous  class  who  are  affected  by  the 
priTileges  of  the  law,  to  avail  themselves  of  its  benefits,  we  Insert  the  law  entire. 

Be  it  enacted  by  the  Senate  artd  Howae  of  Representativet  of  the  United  Statet  of  America  in 
Congrett  aMembUd,  Tiat  each  of  the  surviving,  or  the  widow  or  minor  children  of  deceased 
commissioned  and  non-commissioned  officers,  musicians,  or  privates,  whether  of  rei^uiars 
Tolunteers,  rangers,  or  militia,  who  performed  military  service  in  any  regiment,  company, 
or  detachment,  m  the  service  of  the  Umied  States,  in  the  war  witli  Great  Britain,  declared 
by  the  United  Stales  on  the  eighteenth  day  of  June,  eighteen  hundred  aud  twelve,  or  in  any 
of  the  Indian  wars  since  seventeen  hundred  and  ninety,  and  each  of  the  commissioned 
officers  who  was  engatred  in  the  military  service  of  tiie  United  States  in  the  late  war  with 
Mexico,  shall  he  entitled  to  lands  as  follows :  Those  who  engaged  to  serve  twelve  months, 
or  during  the  war,  and  actually  served  nine  months,  shall  receive  one  hundred  and  sixty 
acres ;  and  those  who  encapea  to  serve  six  months,  and  actually  served  four  months,  shall 
receive  eitrhty  acres;  and  those  who  engaged  to  serve  for  any,  or  an  indefinite  period, 
and  actually  served  one  month,  shall  receive  forty  acres:  Provided,  Thai  whenever  any 
officer  or  soldier  was  honorably  discharged  in  consequence  of  disability  in  the  service  be- 
fore the  expiration  of  his  peric»<l  of  service,  ho  shall  receive  the  amount  to  which  he  would 
have  been  entitled  if  he  had  served  the  full  period  for  which  he  had  engaged  to  servo: 
Provided,  The  nerson  so  having  been  in  service  shall  not  receive  said  lands,  or  any  part 
thereof,  if  it  snail  appear  by  tlie  muster-rolls  of  his  regiment  or  corps  that  he  deserteu,  or 
was  dishonorably  di»chargcd  from  service,  or  if  he  has  received  or  is  entitled  to  any  mili- 
tary land  bounty  under  any  act  of  Congress  her.:itofore  passed. 

Sect.  2.  And  be  it  further  enacted.  That  the  period  during  which  any  officer  or  soldier 
may  have  remained  in  captivity  with  tlie  enemy  shall  be  estimated  and  added  to  tlie  period 
of  nia  actual  service,  and  the  person  so  detained  in  captivity  shall  receive  land  under  the 
proviaions  of  tiiis  act  in  the  same  manner  tliat  he  would  be  entitled  in  case  he  had  entered 
the  service  for  the  whole  term  made  up  by  tlie  addition  of  the  time  of  hia  captivity,  and 
had  served  during  such  term. 

Sect.  3.  And  be  it  further  enacted.  That  each  commissioned  and  non-commissioned  officer, 
musician,  and  private,  fur  whom  provision  is  made  by  the  first  section  hereof,  shall  receive 
a  certificate  or  warrant  from  the  department  of  the  intedor  for  the  quantity  of  land  to  which 
he  may  be  entitled,  and  which  may  be  located  by  the  warrantee,  or  his  heirs-at-law,  at 
any  land-office  of  the  United  States,  In  one  body,  and  In  conformity  to  the  legal  subdivia- 
lons  of  the  pul)llc  lands,  upon  any  of  the  public  lands  in  such  district  then  siibiect  to  pri- 
Tate  entry;  and  upon  the  return  of  such  certificate  or  warrant,  with  evidence  of  tne  location 
thereof  having  been  legally  made,  to  thn  g.^nt-ral  land-office,  a  patent  shall  be  issued  therefor. 
Intbeevent  of  the  death  of  any  •  'I  or  non-conimlssioned  officer,  musician,  or 

private,  prior  or  sulnioquent  to  f  this  act,  who  sliull  have  served  us  afore- 

said, ana  who  ihail  not    havi-  i  y  land  for  said  services,  alike  certificate  or 

warrant  shall  l>e  Issued  In  favor  n..     .  ■  Llie  benefit  of  his  widow,  who  shall  receive 

one  hundred  and  sixty  acres  of  land,  iu  one  her  husband  was  killed  in  battle,  but  not  to  her 
heirs:  Provided,  She  la  unmarried  at  the  date  of  her  application:  Provided  further,  Thai 
no  land  warrant  isned  under  the  provisions  of  this  act  shall  be  laid  upon  any  land  of  the 
United  States  to  which  there  shall  bo  a  pre-emption  ri;:lit,  or  upon  which  there  shall  bo  an 
actual  aettlement  and  cultivnti(jn,  except  witli  tue  consent  of  such  settler,  to  be  satisfactorily 
proven  to  the  proper  lmid-otiift;r. 

SrcT.  4.  And  be  it  further  enacted,  That  all  sales,  mortgajres,  letters  of  attorney,  or  other 
Instruments  of  writing  going  to  affect  the  title  or  claim  to  any  warrant  or  certificate 
iasoed,  or  to  be  issued,  or  any  land  granted,  or  to  l)e  granted,  under  the  provisions  «)f  thia 
act,  made  or  PTr-'-ntfd  prior  m  tlm  i.^.oiie,  phn!)  Ik;  null  mid  void  fd  nil  intents  and  purposea 
whataoever:  ■  reby.  be  in  any 

irlae  ifTect'  ;  or  claim  incur- 

red by  auch  It  the  benefits  of 

thia  act  shaj   :. —   ..  _     .    _...,  , , ,    ..-resa:    Prorided 

further.  That  ilatiali  be  iho  duty  of  ti.-  wi  liio  ^^rcuurui  lund-oilice,  under  such 

regulationa  a«  may  be  prescribed  by  i^  the  interior,  to  cause  to  bo  located, 

freo  «f  expenae,  any  %x^rrrint  whl'-li  ,  ■  nan-mit  to  t!ic  funeral  Jiind-ottice 

for  that  purpose,  i;         "    ■  '  '  inteeraay  detig- 

Date,  ana  upon  goc  >  i  he  maps,  plau, 

and   field-notes  of  ^ session  of  the 

local  office;  and  up...  lil  cause  a  oat- 

eot  tobe  tranamltted  Iom:  '   ' 

thU  act  abaU  be  deHver«-<i 

of  this  act ;  and  that  a. .  ■  ,   ■  ,      .  ,..  ..r  ..,,--■.■...  i>'  '"..■-.  •■ ^.■■uU 


ITJ 


160  MILITARY   BOUNTY   LANDS. 

• 

The  precedinsr  act  was  amended  in  1852,  making  all  warranti  for  military  or  bounty  land» 
■which  have  been  or  may  hereafter  be  issued  under  any  law  of  the  United  States,  and  all 
valid  locations  of  tlie  same,  atsignable  by  deed  or  instrument  in  writing,  executed  according 
to  such  forms^as  may  be  prescribed  by  the  commissioner  of  the  General  Land  office.  The  act 
also  provides,  that  any  person  holding  land  by  right  of  pre-emption,  may  use  land-warrants 
in  payment  for  such  lands.  When  warrants  shall  be  located  on  .lands  which  are  subject  to 
entry  at  a  greater  minimum  than  one  dollar  and  twenty-five  cents  per  acre,  the  locator  shall 
pay  the  difference  in  cash.  Holders  or  assignees  of  land-warrants,  on  entering  lands,  are 
required  to  pay  to  the  Register  the  same  compensation  or  percentage  to  which  he  is  entitled 
wlien  selling  lands  for  cash.  The  act  also  provides,  that  in  all  cases  where  the  militia,  or 
Tolunteers,  or  state-troops  of  any  State  or  Territory,  were  called  into  military  service,  and 
whose  services  have  been  paid  by  the  United  States  subsequent  to  the  18th  of  June,  1812, 
the  officers  and  soldiers  of  such  militia,  &c.,  shall  be  entitled  to  all  the  benefits  of  the  prece- 
ding act,  and  shall  receive  lands  for  their  services  according  lo  the  provieions  of  said  act 
upon  proof  of  length  of  services  as  therein  required. 

An  act  was  passed  March  3,  1855,  in  addition  to  the  foregoing  a'ctfl,  granting  boutity 
lands  to  certain  officers  and  soldiers  who  have  been  engaged  in  the  military  service  of 
the  United  States,  and  not  participants  in  the  benftfits  ot  the  preceding  acts  as  follows : — 
Each  of  the  eui-viving  commissioned  and  non-commissioned  officers,  musicians,  and 
privates,  whether  of  regulars,  volunteers,  rangers,  or  militia,  who  were  regularly  mus- 
tered into  the  service  ot  the  United  States,  and  every  officer,  commissioned  or  non-com- 
missioned, seaman,  ordinary  seaman,  marine,  clerk,  and  landsman  in  the  navy,  in  any 
of  the  wars  in  which  this  country  has  been  engaged  since  seventeen  hundred  and  ninety, 
and  each  of  the  survivors  of  the  militia,  or  volunteers,  or  state  troops  of  any  state  or  ter- 
ritory, called  into  military  service,  and  regularly  mustered  therein,  and  whose  services 
have  been  paid  by  the  United  States,  shall  ~be  entitled  to  receive  a  certificate  or  warrant 
from  the  department  of  the  interior  for  one  hundred  and  sixty  acres  of  land  ;  and  where 
any  of  those  who  have  been  so  mustered  into  sei'vice  and  paid  shall  have  received  a  cer- 
fcficate  or  warrant,  he  shall  be  entitled  to  a  certificate 'or  warrant  for  such  quantity  of 
land  as  will  make,  in  the  whole,  with  what  he  may  have  heretofore  received,  one  hun- 
dred and  sixty  acres  to  each  such  person  having  served  as  aforesaid  :  Provided,  The 
person  so  having  been  in  service  shall  not  receive  said  land  warrant  if  it  shall  appear 
by  the  muster  rolls  of  his  regiment  or  corps  that  he  deserted,  or  was  dishonorably  dis- 
charged from  service :  T\\a  benefits  of  this  section  shall  be  held  to  extend  to  wagon, 
masters  and  teamsters  who  may  have  been  employed,  under  the  direction  of  competent 
authoiity,  in  time  of  war,  in  the  transportation  of  military  stores  and  supplies. 

In  case  of  the  death  of  any  person  who,  if  living,  would  be  entitled  to  a  certificate  or 
warrant,  as  aforesaid,  under  this  act,  leaving  a  widow,  or,  if  no  widow,  a  minor  child  or 
children,  such  widow,  or,  if  no  widow,  such  minor  child  or  children,  shall  be  entitled  to 
receive  a  certificate  or  warrant  for  the  same  quantity  of  land  that  such  deceased  person 
would  be  entitled  to  receive  under  the  provisions  of  this  act,  if  now  living :  a  subsequent 
marriage  sliall  not  impair  the  right  of  any  such  widow  to  such  warrant,  if  she  be  a  wid- 
ow at  the  time  of  making  her  application  :  those  shall  be  considered  minors  who  are  so 
at  the  time  this  act  shall  take  effect. 

In  no  case  shall  any  such  certificate  or  warrant  be  issued  for  any  service  less  than 
fourteen  days,  except  where  the  person  shall  actually  have  been  engaged  in  battle,  and 
unless  th«  party  claiming  such  certifieate  or  warrant  shall  establish  his  or  her  right 
thereto  by  record  evidence  of  said  service. 

Sttid  certificates  or  warrants  may  be  assigned,  transferred,  and  located  by  the  war- 
rantees, their  assignees,  or  their  heirs-at-law,  according  to  the  provisions  of  existing  laws 
regulating  the  assignment,  transfer,  and  location  of  bounty-land  warrants. 

No  warrant  issued  under  the  provisions  of  this  act  shall  be  located  on  any  public  lands, 
except  such  as  shall  at  the  time  be  subject  to  sale  at  either  the  minimum  or  lower  grad- 
uated prices. 

The  registers  and  receivers  of  the  several  land  offices  shall  be  severally  authorized  to 
charge  and  receive  for  their  services  in  locating  all  warrants  under  the  provisions  of 
•his  act  the  same  compensation  or  per-centage  to  which  they  are  entitled  by  law  for 
sales  of  the  public  lands,  for  cash,  at  the  rate  of  one  dollar  and  twenty-five  cents  per 
acre  ;  the  said  compensation  to  be  paid  by  the  assignees  or  holders  of  such  warrants. 

The  provisions  of  this  act,  and  all  the  bounty-land  laws  heretofore  passed  by  Congress, 
shall  be  extended  to  Indians,  in  the  same  manner  and  to  the  same  extent  as  if  the  said 
Indians  had  been  white  men. 

The  officers  and  soldiers  of  the  revolutionary  war,  or  their  widows  or  minor  children  ; 
those  who  served jas  volunteers  at  the  invasion  of  Plattsburg,  in  September,  1814  ;  also 
at  the  battle  of  King's  Mountain,  in  the  revolutionary  war,  and  the  battle  of  Nickojack 
against  rtie  confederated  savages  of  the  South  ;  the  chaplains  who  served  with  the  army 
in  the  several  wnrs  of  the  country  ;  and  flotilla-men,  and  those  who  served  as  volunteers 
at  the  attack  on  Lewistown,  in  Delaware,  by  the  British  fleet,  in  the  war  of  1812-'15, 
shall  be  entitled  to  the  bei^fits  of  this  act. 


SPECIAL   STATE   LAWS 


MAINE. 

Constitation  adopted  1820.— Square  Miles  32,628.— Population  In  1850,  583,036. 


Exemptions. 

There  is  exempt  from  sale  on  execution  the  debt- 
or's wearing-apparel,  beds,  bedsteads,  bedding,  and 
hoasehold  utensils  necessary  for  himself,  his  wife  and 
children,  provided  that  the  beds  and  bedding  so  ex- 
empted shall  not  exceed  one  bed,  bedstead,  and  neces- 
sary bedding,  for  every  two  persons,  nor  the  other 
household  furniture  the  value  of  fifty  dollars  ;  the  toola 
of  any  debtor  necessary  for  his  trade  or  occupation  ;  all 
bibles  and  schoolbooks  in  actual  use  in  the  family,  and 
one  copy  of  the  statutes  of  the  state  ;  all  cast-iron  and 
sheet-iron  stoves  used  exclusively  for  warming  build- 
ings ;  one  cow,  and  one  heifer  till  she  shall  become  three 
years  old;  two  swine,  one  of  which*  shall  not  weigh  more  than  one  hundred 
pounds ;  and  when  he  owns  a  cow,  and  a  heifer  more  than  three  years  old,  or 
two  swine,  each  weighing  more  than  one  hundred  pounds,  he  may  elect  the  cow, 
or  the  heifer,  or  either  of  the  swine,  to  be  exempt  as  aforesaid  ;  ten  sheep,  and 
the  wool  that  may  be  sheared  from  them,  and  thirty  hundred  weight  of  hay  for 
the  use  of  said  cow,  and  two  tons  for  the  use  of  said  sheep,  and  a  sufficient  quan- 
tity for  said  heifer  according  to  its  age;  all  produce  of  farms  while  standing  and 
growing,  until  harvested,  and  corn  and  grain  necessary  and  sufficient  for  the  sus- 
tenance of  the  debtor  and  his  family,  not  exceeding  thirty  bushels  ;  one  pew  in 
any  meetinghouse  where  he  and  his  family  statedly  worship  ;  all  potatoes  raised 
or  purchased  for  the  consumption  of  himself  and  family;  all  firewood  conveyed  to 
the  debtors  house  for  the  use  of  himself  and  family,  not  exceeding  twelve  cords ; 
one  boat,  not  exceeding  two  tons'  burden,  usually  employed  in  hshing-business, 
belonging  wholly  to  an  inliabitant  of  this  state  ;  one  plough,  of  the  value  of  ten 
dollars;  one  cart,  of  the  value  of  twenty-five  dollars  ;  one  harrow,  of  the  value  of 
6ve  dollars  ;  and  one  cooking-stove,  of  the  value  of  thirty-five  dollars  ;  and  all  an 
thracite  and  bituminous  coal  and  charcoal  conveyed  to  any  person's  house  to  be 
ctjnsumcd  in  the  family  of  such  person,  not  exceeding  five  tons  of  anthracite  and 
6fty  bushels  of  bituminous  ;  one  pair  of  bulls,  steers,  or  oxen,  raised  by  the  owner 
from  bis  own  cows,  or  purchased  by  him  before  the  said  bulls  or  steers  were  ono 
year  old,  or  by  him  at  any  time  ontained  by  exchange  of  said  bulls,  steers,  or 
oxco,  for  othrrs  of  the  same  age,  with  a  sufRcient  quantity  of  hay  to  keep  the 
same  through  tije  winter  season,  provided  that  the  owner  began  to  raise  or  pur 
chased  said  stock  after  the  24th  day  of  April,  1839 ;  ono  ox-yoke,  with  bows 
fine,  and  staple,  value  of  three  dollars  ;  two  chains  value  of  three  dollars  ;  one  ox 
sled  value  often  dollars  ;  one  pair  of  oxen,  stocrs,  or  bulls,  purchased  o»  obtained 
legally,  the  same  as  if  raised  ;  one  or  two  horses,  instead  of  oxen,  not  to  exceed 
one  hundred  dollars  in  value ;  one  barrel  of  flour,  and  ten  dollars  worth  of  lumber 
wood,  or  bark  ;  also,  any  piece  of  land,  not  exceeding  half  an  acre,  approprinted 
by  wiy  number  of  individuals  as  a  place  of  burial,  constantly  encloKed  with  a 
fence,  and  not  nsf-d  for  the  purposes  of  cultivation  ;  a  description  of  which,  under 
the  hands  of  individuals  who  nppmpriated  the  same,  attested  by  two  disinterest, 
e<l  witnesses,  shall  havi   ;  ,ied  in  the  registry  of«deeds  in  the  county  or 

registry  district  where  il 


162 


I 


1G4  SPECIAL    LAWS    OP    MAINE. 

Homestead  Exemption. 

A  LOT  of  land,  dwelling-house  and  out-buildings  thereon,  or  so  much  thereof  as  shall 
not  exceed  five  hundred  dollars  in  value — the  property  of  a  householder  in  actual  pos 
Bession  thereof — exempted  from  any  debt  contracted  after  January  Ist,  1850. 

The  widow  and  minor  children  of  any  person  deceased  who  held  property  thus  ex- 
empted, may  continue  to  hold  the  exempted  premises  during  the  minority  of  such  chil- 
dren, or  while  said  widow  remains  unmarried ;  and  the  exempted  projjerty  shall  not  be 
8old  during  such  minority,  or  while  such  widow  remains  unmarried,  for  the  payment 
of  any  debt  contracted  prior  to  January  1st,  1850. 

Exemptions  under  this  act  shall  not  operate  to  defeat  the  liens  of  mechanics,  as  provi- 
ded  on  the  statutes. 

The  head  of  any  family,  or  any  householder,  wishing  to  avail  himself  of  the  benefits 
of  this  act,  may  file  a  certificate  by  him  signed,  declaring  such  wish,  and  describing  the 
property,  with  the  register  of  deeds,  in  the  county  where  the  same  is  situate;  and 
upon  receiving  the  fees  now  allowed  for  recording  deeds,  such  register  shall  record  the 
same  in  a  book  kept  for  that  purpose :  and  so  much  of  the  property  as  does  not  exceed 
the  value  aforesaid,  shall  be  for  ever  exempt  from  liability  for  any  debt  contracted  by 
such  householder  after  the  date  of  the  recording  of  the  certificate  ;  and  the  record  in 
said  register's  office  shall  be  prima  facie  evidence  that  the  certificate  purporting  to  be 
there  recorded,  was  made,  signed,  and  filed,  as  appears  upon  such  record.  And  upon 
being  recorded  as  aforesaid,  the  property  as  described  in  the  first  section  of  this  act 
Bh;ill  be  exempted  within  the  provisions  thereof 

When  property,  exempted  as  aforesaid,  is  claimed  by  a  creditor  to  be  of  greater  value 
than  five  hundred  dollars,  it  may  be  seized  on  execution,  and  the  appraisers  shall  first 
Bet  off  such  part  of  the  property  as  the  debtor  may  select,  and  if  he  neglects  so  to  do, 
the  officer  may  select  for  him  to  the  value  of  five  hundred  dollars,  by  metes  and  bounds ; 
and  shall  then  appraise  and  set  off  to  the  creditor,  in  manner  now  prescribed  by  law, 
the  remainder,  or  so  much  thereof  as  may  be  necessary  to  satisfy  such  execution ; 
and  the  appraisers  shall  be  sworn  accordingly,  and  the  officer  shall  make  return  of 
his  doings  thereon. 


Mechanics'  Lien. 

Any  ship  cai-penter,  calker,  blacksmith,  joiner,  or  other  person,  who  shall  perform 
labor  or  furnish  materials  for  or  on  account  of  any  vessel  building  or  standing  on  the 
stocks,  or  under  repairs  after  having  been  launched,  shall  have  a  lien  on  such  vessel  for 
his  wages  or  materials,  until  four  days  after  such  vessel  is  launched  or  such  repairs 
afterward  have  been  completed ;  and  may  secure  the  same  by  an  attachment  on  said 
vessel  within  that  period,  which  shall  have  precedence  of  all  other  attachments. 

In  case  any  such  creditor  shall  demand  or  claim  more  for  his  said  services  performed 
or  materials  furnished  as  aforesaid  than  is  just  and  reasonable,  the  owner,  agent,  or 
contractor,  may  tender  the  full,  fair,  and  just  balance  to  such  claimant,  and  such  tender 
shall,  if  refused,  absolutely  discharge  the  lien  on  such  vessel. 

Any  person  who  shall  perform  labor  or  furnish  materials  for  erecting,  altering,  or 
repairing  any  house  or  other  building  or  appurtenances,  or  furnish  labor  or  materials 
for  the  above  purposes  by  virtue  of  any  contract  with  the  owner  thereof,  shall  have  a 
lien,  to  secure  the  payment  of  the  same,  upon  such  house  or  building,  and  the  lot  of 
land  on  which  the  same  stands,  and  upon  the  right  of  redeeming  the  same  when  under 
mortgage ;  and  such  lien  shall  continue  in  force  for  the  space  of  ninety  days  from  the 
time  when  such  payment  becomes  due,  notwithstanding  the  decease  of  any  such  debtor 
and  the  representation  of  his  estate  as  insolvent  And  the  administrator  or  executor  of 
any  insolvent  estate  shall,  upon  citation,  be  holden  to  answer  to  any  action  brought  upon 
a  claim  secured  by  such  lien. 

Such  person  may  secure  the  benefit  of  such  lien  by  an  attachment  of  such  house  or 
building,  land,  or  right  of  redemption,  within  the  said  ninety  days;  and  such  attach- 
ment shall  have  precedence  of  all  other  attachments  not  made  under  any  such  lien. 

When  the  debtor  shall  tender  to  the  creditor  the  sum  justly  due  to  him,  as  aforesaid, 
Buch  lien  shall  cease.  In  case  of  th«* death  of  any  person  owing  a  debt  secured  by  a 
lien  in  the  manner  above  contemplated,  within  the  ninety  days  mentioned  therein,  and 
belbro  the  commencement  of  the  action  mentioned  above,  th(m  a  further  time  of  sixty 
days  from  and  after  an  appointment  of  an  administrator  or  executor,  and  notice  thereof 
ffiven,  shall  be  allowed  in  which  to  commence  said  action,  and  such  lien  shall  continue 
m  force  during  said  sixty  days. 

When  any  lot  or  parcel  of  land,  or  any  mill-privilege,  may  be  leased  for  the  purpose 
of  having  a  house,  shop,  mill,  or  other  building,  erected  or  placed  thereon,  and  rent  is 
r^rved  in  the  lease,  ^1  the  buildings  erected  &a  aforesaid,  togsther  with  all  th«>  iiitftrest 


SPECIAL    LAWS    OF    MAINE.  165 

which  the  lessee  before  had  or  may  have  in  the  premises,  by  force  of  such  lease,  ebal! 
remain  liable  to  be  attached  by  any  such  lefieor  or  his  assi^ee,  to  secure  the  rent  due 
on  such  lease,  notwithstanding  any  previous  transfer  of  property  by  the  lessee,  provi- 
ded such  attachment  be  made  within  six  months  from  the  time  such  rent  becomes  due. 

Every  person  in  whose  name  any  merchandise  shall  be  shipped,  shall  be  deemed  the 
true  owner  thereof,  so  far  as  to  entitle  the  consignee  of  such  merchandise  to  a  lien 
thereon  for  any  moneys  advanced  or  negotiable  security  given  by  such  consignee  to 
and  for  the  use  of  the  person  in  whose  name  such  shipment  shall  have  been  made,  and 
for  any  money  or  negotiable  security  received  by  the  person  in  whose  name  the  ship- 
ment shall  have  been  made,  to  and  for  the  use  of  any  such  consignee. 

Any  person  who  is  entitled  to  receive  annual  compensation  for  damages  sustained  tu 
his  land  by  the  overflowing  of  a  milldam,  shall  Have  a  lien  tlierefor  from  the  time  of  the 
institution  of  the  original  complaint,  on  the  mUl  and  milidam,  with  the  appurtenances, 
and  the  land  under  and  adjoining  the  same,  and  used  therewith,  provided  that  it  shall 
not  extend  to  any  sum  due  more  than  tliree  years  before  the  commencement  of  tlie  action. 

If  the  demandant  in  a  writ  of  entry  shall  claim  an  estate  for  life  only  in  the  premises, 
and  if  he  shall  pay  any  sum  allowed  to  the  tenant  for  improvements,  he  or  his  execu- 
tors or  administrators,  at  the  termination  of  his  estate,  shall  be  entitled  to  receive  of  the 
remainder  man,  or  reversioner  the  Value  of  such  improvements  as  they  then  exist  and 
shall  have  a  lien  therefor,  and  he  may  keep  possession  thereof  accordingly  till  the  same 
be  paid. 


Chattel  Mortgages. 


No  mortgage  of  personal  property  that  shall  be  made  after  April  20,  1854,  where  the 
debt  thenby  secured  amounts  to  more  than  the  sum  of  thirty  dollars,  shall  be  valid 
nL'ninft  ;iTiv  oth»^r  porsons  thnn  the  parties  thereto,  imlees  possession  of  the  mortgaged 
pr  p"rty  be  delivrred  to,  and  retained  by,  the  mortgagee,  or  unless  the  mortgHge 
hi  ,  lif  recordi-d  by  the  clf-rk  of  the  town  where  the  moiti;agor  resides;  and  if  said 
inntjMffor  shall  l>e  a  corporation  established  by  the  law  of  this  state,  said  mortgage  shall 
hr  r-  forded  by  the  clerk  of  tht?  town  where  the  said  corporation  shall  have  its  ost^b- 
lixhed  place  of  business  ;  and  provided  further,  if  »aid  mortgagor  shall  reside  in  an  unin- 
corporat/^d  pinoe  or  plantation,  said  mortgage  shall  bo  recorded  in  the  eldest  adjoining 
town  in  the  snm«»  county. 

Personal  property  mortgaged  may  be  redeemed  by  the  lawful  claimant  at  any  time 
within  sixty  days  after  breach  of  condition,  unless  the  property  has  been  sold,  in  pur- 
•unnce  of  the  contract  of  the  parties,  or  on  execution  for  debt  of  mortgager. 

Upon  tender  of  lawful  amount,  if  the  property  is  not  returned,  the  party  entitled  to 
may  replevin. 


Law  regulating  Contracts. 

No  action  Bhall  be  brougl^t  and  maintained  in  any  of  the  following  cases : — 

1.  To  charge  an  executor  or  administrator,  upon  any  special  promise,  to  answer  dam- 
age* out  of  hJa  own  estate :  2.  To  charge  any  person,  upon  any  B])ecial  promise,  to  an- 
■wer  for  the  debt,  default,  or  misdoings,  of  another:  3.  To  charge  any  person  upon 
•n  agraement  made  in  consideration  of  marriage :  4.  Upon  any  contract  for  the  sale 
of  land*,  tenements,  or  hereditaments,  or  of  anv  interest  in  or  concerning  them  : 
S.  Upoo  any  agreement  that  is  not  to  be  performed  within  one  year  from  the  making 
thereof;  anless  the  promise,  contract,  or  agreement,  upon  which  such  action  shall  be 
brought,  or  some  memorandum  or  note  thereof,  shall  be  in  writing,  and  be  signed  by 
tbeparty  to  be  charged  therewith,  or  by  some  person  thereunto  lawfully  authorized. 

The  consideration  for  the  agreement  need  not  be  expressed  in  the  wnting. 

No  action  shall  be  brought  to  charce  any  person,  upon  or  by  reason  of  any  representa- 
tion or  assurance  made  concerning  tne  character,  conduct,  credit,  ability,  trade,  or  deal- 
ings, of  any  other  person,  unless  such  representation  or  assurance  shall  be  made  in 
writing,  and  eifned  by  the  party  to  be  charged  thereby,  or  by  some  person  thereunto 
by  him  lawfully  authorized. 

No  contrart  for  the  Fale  of  any  goods,  wares,  or  merchsndise,  for  the  price  of  thirty 
dollars  or  mon-,  chall  b<-  alhjwed  to  be  good,  unless  the  purrhaser  shall  accept  part  of 
the  goods  su  sold,  and  actually  receive  the  same,  or  give  something  in  earnest  to  bind 
fce  bargain,  or  in  part  payment,  or  some  note  or  memorandum  in  writing,  of  the  uirf 
bargain,  be  made  and  sigood  by  the  party  to  b«  charged,  or  by  Ua  agmt,  Uierviuto  bf 
him  lawfully  autfaorizea. 


166  SPECIAL    LAWS    OF    MAINE. 

Limitation  of  Actions. 

The  following  actions  shall  be  commenced  within  six  years  next  after  the  cauflc  of 
?M;Hon  shall  accrue,  and  not  afterward,  namely : — 

1.  All  actions  of  debt,  founded  upon  any  contract  or  liability,  not  under  seal,  except 
such  as  are  brought  upon  a  judgment  or  decree  of  some  court  of  record  of  the  United 
iStntes,  or  of  this,  or  some  other  of  the  United  States,  or  of  some  justice  of  the  peace  in 
this  Ptate.  2.  All  actions  upon  judgTnents  rendered  in  any  court,  not  being  a  court  of 
Pf^cord,  except  justices  of  the  peace  in  this  state.  3.  All  actions  for  arrears  of  rent 
i.  All  actions  of  assumpsit,  or  upon  the  case,  founded  on  any  contract  or  liability,  ex.- 
preisa  or  implied.  5.  All  actions  for  waste,  and  all  actions  of  trespass  on  land,  and  all 
action*  of  trespass,  except  those  of  trespass  for  assault,  battery,  and  false  imprison- 
ftient  6.  All  actions  of  replevin,  and  other  actions  for  taking,  detaining,  or  injuring 
goods  or  chattels.  7.  All  other  actions  on  the  case,  except  actions  for  slanderous  worda 
and  for  libels. 

All  actions  against  a  sheriff,  except  for  the  escape  of  prisoners  committed  on  execu- 
tion, for  the  negligence  or  misconduct  of  his  deputies,  shall  be  commenced  within  four 
years  next  after  the  cause  of  action  shall  accrue. 

All  actions  of  assault  and  battery  and  for  false  imprisonment,  and  all  actions  for  slan- 
derous words  and  for  libels,  shall  be  commenced  within  two  years  next  after  the  cause 
of  action  shall  accrue. 

All  actions  for  the  escape  of  prisoners  committed  on  execution  shall  be  commenced 
within  one  year  next  after  the  cause  of  action  shall  accrue. 

No  scire  facias  shall  be  served  on  bail,  unless  within  one  year  next  after  judgment 
rendered  against  the  principal. 

All  a^^tions  against  an  endorser  of  a  writ  must  be  commenced  within  one  year  next 
after  judgment  entered  in  the  original  action. 

None  of  the  foregoing  provisions  shall  apply  to  any  action  brought  upon  a  promissory 
note  which  is  signed  in  the  presence  of  an  attesting  witness,  uor  to  an  action  brought 
upon  any  bills,  notes,  or  other  evidences  of  debt,  issued  by  any  bank. 

In  all  actions  of  debt  or  assumpsit  brought  to  recover  the  balance  due  upon  a  mutual 
and  open  account,  the  cause  of  action  shall  be  deemed  to  have  accrued  at  the  time  ot 
the  last  item  proved  in  such  account. 

If  any  person  entitled  to  bring  any  of  the  before-mentioned  actions,  shall,  at  the  time 
when  the  cause  of  action  accrues,  be  a  minor,  a  married  woman,  insane,  imprisoned,  or 
without  the  limits  of  the  United  States,  such  person  may  bring  the  actions  within  the 
times  respectively  limited,  after  the  disability  shall  be  removed. 

All  personal  actions  on  any  contract  not  hmited  by  any  of  the  foregoing  sections,  or  any 
other  law  of  the  state,  shall  be  brought  within  twenty  years  after  the  accruing  of  the 
cause  of  action. 

When  a  writ  shall  fail  of  a  sufficient  service  or  return,  by  any  unavoidable  accident, 
or  by  the  default  or  negligence  of  any  officer  to  whom  it  was  delivered  or  directed ;  or 
when  such  writ  shall  be  abated,  or  the  action  otherwise  avoided  and  defeated,  for  any 
matter  of  form,  or  by  the  death  of  either  party  ;  or  if  a  judgment  for  the  plaintifi^  shall 
be  reversed  on  a  writ  of  error,  in  such  case  the  plaintiff  may  commence  a  new  action 
on  the  same  demand  within  six  months  after  the  abatement  or  determination  of  the 
original  suit,  or  reversal  of  judgment  in  the  same ;  and  it  the  cause  of  action  by  law 
survives,  his  executor  or  administrator,  in  case  of  his  death,  may  commence  such  new 
action  within  said  six  months-. 

No  action  shall  be  maintained  against  any  person  as  surety  in  a  replevin  bond,  unlesi 
the  writ  be  served  on  him  within  one  year  after  the  final  judgment  in  the  action  of 
replevin. 

In  suits  by  aliens,  the  time  of  continuance  of  war  between  the  United  States  and  the 
country  of  which  such  alien  is  the  subject  is  not  deemed  a  part  of  the  time  limited  for 
the  comroencoment  of  any  of  the  before-mentioned  actions. 

In  actions  of  debt  or  upon  the  case  founded  upon  any  contract,  no  acknowledgment 
or  promise  shall  be  allowed  as  evidence  of  a  new  or  continuing  contract,  whereby  to 
take  any  case  out  of  the  operations  of  the  provisions  of  [these  limitations],  or  to  deprive 
any  party  of  the  benefit  thereof,  unless  such  acknowledgment  or  promise  be  an  expresa 
one,  and  made  or  contained  in  some  writing  signed  by  the  party  chargeable  thereby. 

If  there  are  two  or  more  joint  contractors,  euch  acknowledgment  or  promise,  made 
or  signed  by  one  or  more,  shall  not  deprive  the  other  joint-promissor  of  the  benefit  of 
the  limitation. 

If,  at  the  time  when  any  cause  of  action  mentioned  in  this  act  shall  accrue  against  any 
person,  he  shall  be  out  of  the  etate,  the  action  may  be  commenced  within  the  time  herein 
limited  therefor,  after  such  person  shall  come  into  the  state ;  and  if,  alter  any  cause  of 
action  shall  have  accrued,  the  person  against  whom  it  shall  have  accrued  shall  be  absent 
fi-om  and  reside  without  the  state,  time  of  his  absence  shall  not  be  taken  as  any  pnrt 
ot  the  time  hmited  for  the  commencement  of  the  action. 


SPECIAL    LAWS    OF    MAINE.  l67 

Real  Actions  and  Rights  of  Entry. — No  person  shnll  commcnec  any  reed  or  mizod 
kcdon  for  the  recovery  of  lands,  or  make  an  rntry  thereon,  unless  within  twenty  yeara 
ifler  the  ri|ht  to  make  such  entry,  or  bring  such  action,  first  accrued,  or  within  twenty 
years  after  lie  or  those  under  or  from  whom  he  claims,  and  ehall  have  been  seized  or 
possessed  of  the  promises,  except  as  hereinafter  provided. 

If  such  right  or  title  first  accrued  to  an  ancestor  or  predecessor  of  the  person  who 
Drinks  the  action  or  makes  the  entry,  or  to  any  other  person  from,  by,  or  under  whom 
be  claims,  the  said  twenty  years  shall  be  computed  from  the  time  when  the  right  or 
title  so  first  accrued  to  such  ancestor,  predecessor,  or  other  person. 

If  any  minister,  or  other  sole  corporation,  shall  be  disseized,  any  of  his  successors 
may  enter  upon  the  premises,  or  may  bring  an  action  for  the  recovery  of  them  at  any 
time  within  five  yeara  after  the  death,  resignation,  or  removal  of  the  person  disseized, 
notwithstanding  the  twenty  years  after  the  disseizin  «hall  have  expired. 

If,  at  the  time  when  such  right  of  entry  or  of  action  upon  or  for  any  lands  shall  first 
accrue,  the  person  entitled  to  such  entry  or  action  shall  be  within  the  age  of  twenty-one 
years,  or  a  married  woman,  insane,  imprisoned,  or  absent  from  the  United  States,  such 
pt^rson,  or  any  one  claiming  from,  by,  or  nndor  him,  may  make  the  entry  or  bring  the 
action  at  any  time  within  ten  years  after  such  disability  shall  be  removed,  notwithstand- 
Jig  the  twenty  years  before  limited  in  that  behalf  shall  have  expired. 

No  real  or  mixed  actions  for  the  recovery  of  lands  shall  be  commenced  by  or  on  be- 
nalf  of  the  state,  unless  within  twenty  yeara  from  and  after  the  day  ou  which  this  act 
•hall  become  a  law,  or  within  twenty  yeara  next  after  the  time  of  the  accruing  of  tlie 
title  to  the  state. 

No  person  shall  acquire  any  right  or  privilege  of  way.  air,  or  light,  or  any  other  case- 
ment, from,  In,  upon,  or  over  the  land  of  another,  by  the  adverse  use  and  enjoyment 
Ihereofi  unless  auch  use  shall  have  been  continued  uninterrupted  for  twenty  years. 

No  action  for  the  recovery  of  any  estate,  sold  under  license  by  an  executor,  adminis- 
tratir,  or  guardian,  shall  be  maintained  by  any  heir,  or  other  person  claiming  under  the 
deceased  testator  or  intestate,  unless  it  be  commenced  within  five  years  next  after  the  sale. 

No  real  or  mixed  action  for  the  recovery  of  any  lands  in  this  state  shsdl  be  commenced 
or  maintained  against  any  person  in  possession  of  such  lands,  whore  such  person  or 
tho.-»e  under  whom  he  claims  have  been  in  actual  possession  for  more  than  forty  years,* 
and  claiming  to  hold  the  same  in  his  or  their  own  right — and  which  possession  shall 
nnvo  been  adverse,  open,  peaceable,  notorious,  and  exclusive. 

In  real  or  mixed  actions,  if  it  appears  that  the  tenant  and  tho«<»  under  whom  he  claims 
hnvi'  had  notJirious  and  rxcluaive  possession  of  the  demnnded  premlsf*  for  a  period  of 
f  )rty  years  iiKXt  precediii?  the  commencement  of  the  demandant's  action  claiming  to 
iii>ld  the  same  adversely  ngainst  all  persons  in  fee  simple,  and  it  is  found  hy  a  jury  that 
the  t'oaut,  and  those  under  whom  he  claims,  hav«  so  occupied,  demandants  recover  no 


Collection  of  Debts. 

AkSKST. — No  person  shall  be  arrested  on  mesne  process  on  any  suit  brought  on  any 

tract,  exprewi  or  implied,  or  brought  on  any  judgment  founded  on  such  contract, 

ept  as  provided  in  the  following  section  : — 

Any  pcraon,  whether  a  resident  within  this  state  or  not,  may  be  arrested  and  held  to 

bail,  or  conimi't'  >l  to  pris'jn  on  mesne  process  on  any  contract,  exnrcspod  or  implied, 

n^  ''led  amounts  to  ten  dollars,  or  on  a  judgment  founded  on  contract, 

V  lly  recovered  and  still  remaining  due  is  t<;n  dollars  or  more,  cx- 

'  iuch  judgment,  when  he  is  about  to  depart  and  reside  beyond  the 

I  th  property  or  means  exceeding  the  tunount  required  for  his  own 

1  rovidnd  that  the  creditor,  his  agent  or  attorney,  ehnll  make  oath 

p'  ;ifp,  to  be  certified  by  such  justice  on  the  said  procc9^  that  he 

kI  does  believe,  that  such  debtor  is  about  to  depart  and  reside, 

I  ty  or  means  as  aforesaid,  and  that  the  demand  in  the  said 

I  t  thorc'of,  amounting  to  at  least  ten  dollars,  is  duo  to  him. 

.•tract,  or  on  a  judgment  on  such  contract,  the  original 
^-  t  tho  body  of  the  defendant,  and  ho  may  be  thereon 

V  five  bail. 

...       .»     .     .        ..    .1^ -ity  to  saticfy 

'•pt  such  ns 

Mttacbmrnt 

I'ltzii  <>tji>  jM....w.'-.v;  m  thisstato^ 

alon  may  be  attached  on  meere 


168  SPECIAL   LAWS    OF   MAINE. 

Deeds. 

It  is  n^cppsary  that  they  be  ecnled  with  a  seal  in  this  state,  but  there  need  be  but  one 
RtU'stmg  witness  nor  nno.d  the  wife  of  the  grantor  be  separately  examined.  They  should 
l)e  acknowledged  and  immodiatrly  recorded. 

Acknowledgment.— The  acknowledgment  may  be  made  before  any  justice  of  the 


peace,  judges  of  municipal  and  police  courts  (who  may  perform  all  acts  and  duties  in 
thru-  respective  counties  which  may  be  done  and  performed  by  justices  of  the  peace)  in 
this  state ;  or  any  justice  of  the  peace,  magistrate,  or  notary  "public,  within  the  United 
StMt^^B ;  or  any  commissioner  appointed  for  that  purpose  by  the  governor  of  this  stJite ;  or 
betore  any  minister  or  consul  of  the  United  States  or  notary  public  in  any  foreign 

Form  of  Acknowledgment. 

State  of  Maine,  > 

County  of  Lincoln,  J     '  Bath,  January  14,  18.51. 

Before  me  then  personally  appeared  John  Doe  and  Susan  his  wife,  in  the  forogoing 
Instrument  named,  and  acknowledged  that  they  did  sign  and  seal  the  same  as  their  free 
act  and  deed 

JOHN  JONES,  Justice  of  the  Peace. 


Rights  of  Married  Women. 

Ant  married  woman  may  become  seized  or  possessed  of  any  property,  real  or  per- 
sonal, by  direct  bequest,  demise,  gift,  purchase,  or  distribution,  in  her  own  name  and 
as  of  her  own  property  ;  provided  it  shall  be  made  to  appear  by  such  married  woman, 
in  any  issue  touchinsr  the  validity  of  her  title,  that  the  same  does  not  in  any  way  come 
from  the  husband  after  coverture. 

Hereafter,  when  any  woman  possessed  of  property,  real  or  personal,  shall  marry, 
such  property  shall  continue  to  her,  notwithstanding  her  coverture ;  and  she  shall  have, 
•hold,  and  possess  the  same,  as  her  separate  property,  exempt  from  any  liability  for  the 
debts  or  contracts  of  her  husband. 

Any  married  woman  possessing  property  by  virtue  of  this  act,  may  release  to  the  hus- 
band the  right  of  control  of  such  property,  and  he  may  receive  and  dispose  of  the  income 
thereof,  so  long  as  the  same  shall  be  appropriated  for  the  mutual  benefit  of  the  parties. 

Any  man-ied  woman  who  is  seized  and  possessed  of  property,  real  or  personal,  as 

!)rovided  for  above,  may  commence,  prosecute,  or  defend,  any  suit  in  law  or  equity,  as 
f  she  were  unmarried,  or  jointly  with  her  husband,  but  the  person  of  such  married 
woman  is  free  from  arrest.  In  case  of  the  decease  of  such  married  woman  intestate, 
her  property,  real  and  personal,  shall  descend  to  her  heirs — but  any  married  woman 
may  by  will  divide  or  bequeath  any  property  belonging  to  her. 

Any  married  woman  seized  and  possessed  of  property,  real  or  personal,  can  lease,  sell, 
or  convoy  the  same  by  her  separate  deed,  in  her  own  name,  as  if  she  were  unmarried  ; 
and  the  husband,  or  any  person  claiming  under  or  through  him,  can  not  maintain  any 
action  for  the  possession  or  value  of  property  held  or  disposed  of  by  her  as  aforesaid. 


Rate  of  Interest. 

The  legal  rate  of  interest  is  six  per  cent.     If  more  be  agreed  to  be  taken,  only  legal 
faiterest  can  be  recovered.    Usurious  interest  paid  may  be  recovered  back. 


WiUs. 


Tn  this  state  a  will  must  be  in  writing,  signed  by  the  testator,  or  by  some  person  in 
his  presence  and  by  his  express  direction,  and  shall  be  attested  and  subscribed  in  his 
presence  by  three  credible  witnesses. 


Fonn  of  Attestation  answering  for  every  State  of  the  Union. 
Signed,  sealed,  published,  and  declared,  by  the  said  John  Doe,  as  and  for  his  last 
will  and  testament,  in  the  presence  of  us.  who,  at  the  request  of  the  said  John  Doe,  and 
in  his  presence  and  in  the  presence  of  each  other,  have  hereunto  subscribed  our  names 
and  respective  places  of  residence  as  witnesses. 

JOHN  SMITH,  Boston,  (seal) 

JOHN  JONES,  Boston,  (seal) 

DUNN  BROWN,  lloxbury.   (seal) 


SPECIAL    LAWS    OF    NEW    HAMPSHiaE. 


109 


NEW  HAMPSHIRE. 

Constitution  adopted  1792.— Square  Miles  941L— Population  in  1850,  317,997. 


Exemptions. 

There  is  exempt  from  sale  on  execution  wearing  np- 
parel  nt-cessary  for  the  use  ofthe  debtor  and  his  family,  com- 
fortable beds,  bedstead."?",  and  bedding,  necessary  for  the 
debtor,  his  wife  and  children,  household  furniture  to  the  val- 
ue of  twenty  dollars ;  the  bibles  and  schoolbooks  in  use  in 
the  family,  one  cow,  and  one  and  a  half  tons  of  hay, 

tools  of  his  occupation  to  the  value  of  twenty  dol- 
lars ;  six  sheep  and  the  fleeces  of  the  same,  one  cooking 
stove  and  tlie  necessary  furniture  belonging  to  tJie  sanies 
provisions  and  fuel  to  the  value  of  twenty  dollars,  the 
oniform,  arms  and  equipments  of  eveiy  officer  and  private  in  the  militia,  bis  inter- 
est in  one  pew  ;ji  any  meetinghouse  in  which  he  or  his  family  usually  worship, 
and  his  interem  ixj  one  lot  or  riglit  of  burial  in  any  cemetery.  (See  page  155.) 


Mechinica'  Lien. 

If  any  person  nhall  perform  any  la!>or  or  furnish  any  materiala  toward  building, 
repairing,  fitting  or  funjishing  any  vessel,  payment  for  which  is  due,  he  shall  have 
a  lien  tlRfefor  on  such  vessel  for  the  8[)ace  of  four  days  after  the  vessel  is  com- 
pleted. Such  lien  may  be  secured  by  attachment  of  the  vessel  within  said  four 
days,  and  such  attarhment  shall  have  precedence  of  all  other  attachments  and 
cliiims,  excAipt  the  lien  for  mariners'  wages. 

If  any  person  under  any  written  contract,  shall  furnish  any  labor  or  materials 
for  erecting,  repairing,  or  altering,  any  building,  he  shall  have  a  lien  thcrt^for  upon 
■och  hons<3  or  building  and  ujton  tlie  interest  of  the  person  for  whom  such  labor 
and  material/ are  famished,  in  the  lot  of  land  on  which  it  stands,  for  the  space  of 
thirty  days  after  the  payment  of  said  labor  or  materials  sliall  become  due  by 
said  contract  Bur-h  lien  shall  not  attach  unless  such  contract  is  made  in  writing, 
exprcrtsing  the  terms  thereof  fully,  and  a  true  copy  of  the  same  left  with  tlio  town- 
clerk  of  the  town  in  wliich  such  house  or  building  is  situate. 

Such  lien  may  l»e  secured  williin  the  thirty  days  aforesaid,  by  an  attachment  of 
su<-h  buii.litig  and  land,  and  such  attachment  shall  have  precedence  of  all  attnch- 
m4*nui  made  where  no  such  lien  exists,  after  llie  fJiujj  of  such  contract  with  the 
lowuclerk. 

If  the  land  on  >^  hich  snch  building  \n  situate,  or  to  be  erected,  is  under  mort- 
age or  attachment  at  the  time  of  filing  the  copy  of  the  contnict  as  aforesaid,  such 
'prior  mitrtuHnne,  or  attaching  creditor  shall  be  preferred  to  the  extent  of  the  val- 
ue of  the  land  and  building  at  that  time. 

If  two  or  mon;  |>cr8ona  havincr  such  lien  upon  the  same  property,  shall  secure 
iIkj  same  by  attachment,  lljcy  shall  severally  hold  according  to  the  priority  of  their 
fri'vcral  liens. 

If  tlw;  owner  of  such  land  or  building  shall  have  failed  to  perform  his  nart  of 
,  any  such  contract,  by  reanon  whererif  the  other  party  shall  withont  his  default, 
liave  l)oen  prevented  from  completing  such  contract,  the  latter  shall  have  a  lien  on 
•uch  buildine  and  land  for  such  flum  as  is  his  due  for  what  lu;  has  done. 

Ai<y  lien  afoi-esaid  may  be  discharged  at  any  time  by  the  paj'mcnt  or  tender  of 
titet  amount  due,  together  with  tlie  costs  of  any  attacfmicnt  made  to  secure  tbo 
;tamo- 

Tlifse  provisions  shall  not  be  in  f<»reo  in  any  town,  tinleas  ad  )pted  by  Bticlj 
At  aotne  meeting  caJk'd  fur  iliat  purpoac 

15 


170 


172  SPKCIAL    LAWS    OF    NKW    HAMPSHIRE. 


Homestead-Exemption  Law. 

From  nnd  after  the  first  day  of  January,  A.  D.,  1852,  the  family  honiestpad  of  the  head  of 
each  Ikniily  eliall  be  exempt  from  aiiacliment  imd  levy  or  sale' on  exccul ion  on  any  jud^. 
Oient  rendered  on  any  cause  of  action  accniinj,'  after  the  taking  effect  of  this  act:  piovided 
eucli  homesiead  shall  n(Jt  exceed  in  value  five  hundred  dollars.  Sticli  homestead  shall 
uot  be  assets  in  the  hands  of  an  administrator  for  the  payment  of  debts,  nor  subject  to 
llie  laWH  of  distribution  or  devise,  so  Ions:  as  the  widow  or  minor  children,  or  any  or 
either  of  them,  shall  occupy  the  same;  and  no  iel'.Mse  or  waiver  of  such  exemption  shall 
be  valid  unless  made  by  deed  executed  by  the  hiisliand  and  wife,  with  all  the  formalities 
vetjuired  by  law  for  llie  conveyance  of  real  estate;  or  if  the  wife  be  dead,  and  there  be 
minor  children,  by  such  deed  executed  by  the  husband,  with  the  consent  of  the  judge  of 
probate  for  the  county  in  which  the  land  is,  indorsed  on  said  deed. 

Such  exemption  sliall  extend  to  any  interest  which  the  debtor  may  own  in  such  home- 
stead, an(i  to  any  interest  in  any  buildiner  occupied  by  him  ag  a  homesiead,  standing  on  laud 


not  owned  In'  him  to  an  amount  not  exceeding  five  hundred  dollars. 

The  sheriff  executing  any  writ  of  execution,  founded  on  any  judgment  sucn  as  is  men- 
tioned above,  on  application  of  the  del>tor  or  his  wife,  if  such  debtor  sliall  tiave  a  family, 


and  if  the  lands  and  tenements  aliout  to  be  levied  on,  or  any  part  thereof,  shall  be  the  home- 
stead or  estate  thereof,  shall  cause  a  homestead  such  as  the  (lel)tor  may  select,  not  exceed- 
ing five  iiundred  dollars  in  value,  to  be  set  off  to  the  debtor  in  the  manner  following,  to  wit. 
he  shall  cause  three  appraisers  to  be  appointed,  one  by  the  creditor,  one  by  the  debtor,  and 
one  by  himself,  who  shall  be  discreet  and  dieinierested  men,  residents  in  the  county,  and 
siiall  be  sworn  by  a  justice  of  tiie  peace  impartially  to  appraise  and  set  of!"  by  metes  and 
bounds  a  homestead  of  the  estate  of^  the  debtor,  such  as  he  may  select,  not  exceeding  five 
hundred  dollars  in  value;  and  the  set-oft"  and  assignment  so  made  as  a^'oresaid  liy  tlie  np- 
pruisers  shall  be  returned  by  the  sheriff,  along  with  the  \vrit,  for  record  in  court ;  and  if  no 
complaint  shall  be  made  by  either  party,  no  further  proceedings  shall  be  had  against  the 
homestead  :  but  the  remainder  of  the  debtor's  land  and  tenements,  if  any  more  he  shall 
have,  shall  be  liable  to  levy  or  sale  on  execution  in  the  same  manner  as  heretofore  provided 
by  law  ;  provided  that  upon  good  cause  sliown,  the  court  out  of  which  the  writ  issued  may 
order  a  re-appraisement  and  i^e-assignment  of  the  homestead,  either  by  the  same  appraisers 
or  others  appointed  by  the  court,  and  under  such  instructions  as  the  court  may  give  ;  and 
such  appraisement  shall  be  made  and  relumed  to  said  court  as  aforesaid. 

When  the  homestead  of  any  head  of  a  family,  being  a  debtor  in  execution,  shall  consist 
of  a  house,  or  a  house  and  lot  of  land,  which  in  the  opinion  of  the  appraisers  can  not  be 
divided  without  injury  and  inconvenience,  they  shall  make  and  sign  an  appraisal  of  the 
whole  value  thereof,  and  deliver  the  same  to  the  officer  having  the  execution,  who  shiill 
deliver  a  copy  thereof  to  the  execution-debtor,  or  some  member  of  his  family  of  sunicienl 
age  to  understand  tiie  nature  thereof,  with  a  notice  thereof  attached,  that  unless  the  execu- 
tion-debtor sliall  pay  to  said  officer  the  surplu8,over  and  above  the  five  hundred  dollars, 
within  sixty  days  thereafter,  said  premises  will  be  sold  ;  and  in  case  such  surplus  shall  not 
be  paid  within  the  said  sixty  days  it  shall  be  lawful  for  the  officer  to  advertise  and  sell  the 
SHine  at  auction,  by  posting  up  notices  of  the  time  and  place  of  sale,  with  a  description  of 
the  premises,  in  two  or  more  of  the  most  public  places  in  the  town  where  the  same  is  situ- 
ate, and  a  like  notice  in  the  next  adjoining  town,  thirty  days  prior  to  the  sale;  and  out  of 
the  proceeds  of  such  sale  to  pay  the  said  execution-debtor,'with  the  written  consent  of  hia 
wife,  the  sum  of  five  hundred  dollars;  provided,  however,  if  the  wife  of  such  debtor  shall 
not  consent  to  such  payment,  the  sheriff  or  officer  having  such  proceeds  shall  deposite  said 
Btim  t)f  five  hundred  dollars  in  some  savings  institution  in  this  state,  to  the  credit  of  said 
debtor  and  wife;  and  the  same  may  he  withdrawn  therefrom  only  by  the  iointorder  of  the 
luisband  and  wife,  or  by  the  surviver  in  case  one  should  decease;  and  the  same  shall  be 
exempt  from  attachment  and  levy  of  execution  for  the  term  of  one  year  from  the  time  it 
shall  be  paid  order.osiied  as  aforesaid.  And  the  said  sheriff' or  officer  shall  apply  the  balance 
of  said  proceeds  on  the  execution,  or  so  much  tliereof  as  shall  be  necessary  to  satisfy  tlie 
same ;  provided  that  no  such  sale  shall  be  made  unless  a  greater  sum  than  five  hundred  dol- 
lars shall  be  bid  therefor,  in  which  case  the  officer  shall  retain  the  execution  for  want  of 
property,  with  a  certificate  thereon  of  his  proceedings. 

Tiie  provisions  of  this  act  shall  not  extend  to  any  judgment  rendered  on  any  contract 
made  before  the  taking  effect  of  this  act,  or  judgment  rendered  on  any  note  oi  mortgage 
executed  by  t!ie  debtor  and  his  wife,  nor  any  claim  for  labor  less  than  one  hundred  dollars, 
no:  to  impair  the  lien  by  mortgage  of  the  vender  for  the  purchase-money  of  the  homestead 
-.1]  question,  no?  of  any  mechanic  or  other  person,  under  any  statute  of  this  state,  for  any  debt 
contracted  foi  or  in  aid  of  the  erection  of  the  buildingsl^  nor  from  the  payment  of"taxeg 
due  thereon. 

No  conveyance  or  alienation  by  the  husband  of  any  property  exempt  and  set  off"  as  afore- 
said, shall  be  valid  unless  the  wife  join  in  the  deed  of  conveyance ;  provided,  however, 
tliat  such  husband  may  without  the  consent  of  his  wife,  mortgage  such  homestead,  at  the 
time  of  the  purchase  thereof,  for  the  payment  of  the  purchas<;-money. 

The  provisions  of  this  act  shall  not  be  so  construed  as  to  uffeit  any  property  frcudulenUv 
purchased  by  tlie  debtor,  when  in  insolvent  circumstaucea. 

New  IlAMPsiiiRr:,  rt/iproiicd  Julv  4  laSl. 


SPECIAL    LAWS    OF    NEW    HAMPSHIRE.  ]^73 

Limitation  of  Actions. 

No  acti«)n  for  the  recovery  of  any  real  estate  shall  be  maintained,  uuless  such 
action  is  brought  within  twenty  years  after  the  right  first  accrued  to  the  phiinlilC 
»r  to  any  person  under  whom  he  claims,  to  commence  an  action  for  Uie  recovery 
tbereof. 

If  the  person  first  entitled  to  maintain  an  action  for  the  recovery  of  such  real  es- 
tate was  within  the  age  of  twenty-one  years,  a  married  woman,  or  insane,  at  iho 
time  such  right  accrued,  such  action  may  be  commenced  within  five  years  after 
such  disability  is  removed. 

Actions  for  words,  and  for  assault,  battery,  wounding,  or  imprisonment,  shall  be 
brought  within  two  years  after  the  cause  ot  action  accrued,  and  not  afterward. 

All  other  personal  actions  shall  be  brought  within  six  yeai-s  after  the  cause  of  ac- 
tion accrued,  and  not  afterward. 

Actions  of  debt  (bunded  upon  any  judgment  or  recognizance,  or  upon  any  con- 
tract under  seal,  may  be  brought  within  twenty  years  alter  the  cause  of  action  ac- 
crued, and  not  afterward. 

Actions  upon  notes  secured  by  mortgage,  may  be  brought  so  long  as  the  plaiu- 
tiir  is  entitled  to  commence  any  action  upon  the  mortgage. 

Wriu  of  error  may  be  commenced  witlnn  three  years  after  judgment,  rendered, 
and  not  afterward. 

Any  infant,  married  woman,  or  in.sane  person,  may  commence  either  of  tlie  per- 
■onal  actions  aforesaid,  within  two  years  after  such  disability  is  removed. 

If  the  dffcn«iHnt,  at  the  time  the'cause  of  action  accrued,  or  afterward,  was  ab- 
sent from  or  residing  out  of  the  state,  tlie  time  of  such  absence  shall  be  excluded 
in  tlie  computation  of  the  several  times  before  limited  for  the  commencement  of 
persona]  actions. 

If  judgment  shall  be  rendered  against  the  plaintiff  in  any  action  commenced 
within  the  times  before  limited,  or  upi)n  any  writ  of  error  brought  th<^reon,  he  may 
conimeiice  a  new  action  thereon  within  one  year  ihereal'ter,  in  case  his  right  of  ac- 
tion is  not  barred  by  such  judgment. 


Collection  of  Debts. 

Abrxst. — No  female  •hall  be  arrested  or  imprisoned  upon  any  writ  in  any  ac- 
tion (bunded  on  contract. 

No  perwin  sliall  be  liable  to  arrest  on  mesne  process  in  any  real  action  or  action* 
of  eject  mcnt. 

No  person  shall  be  arrested  or  imprisoned  on  any  writ  in  any  action  founded  on 
a  contract  unless  the  debt  or  damage  for  the  recovery  of  which  such  action  may 
be  brought,  exclusive  of  all  the  costs,  ehall  exceed  tlie  sum  of  tliirtccu  dollars  and 
thirty-three  cents. 

No  person  sliall  be  arrested  upon  any  writ  or  execution  founded  on  a  contract 
Boade  after  the  first  day  of  March,  eighteen  hundred  and  forty  one,  unless  tho 
plaintiff  or  some  penson  in  his  behalf  shall  make  an  afiidavit  before  a  justice,  on 
the  back  of  such  writ,  that  in  his  belief  the  defendant  is  justly  indcbtc*!  to  him 
In  a  certain  sum  exceeding  thirteen  dollars  and  thirty-three  cents,  and  that  he 
conceals  hi»  property  so  that  no  attachment  or  levy  can  be  made,  or  there  is  pood 
reason  to  Wieve  lie  is  a\>ont  to  leave  the  state,  to  avoid  the  payment  of  kis  flchts. 

If  any  person  nliall  be  committed  to  prison  by  the  ollicer  or  his  bail,  or  ujjnnsur- 
rcmlcr  by  his  bail,  he  shall,  unless  he  shall  be  bailed  Inifore  the  judgment,  be  lield 
in  prison  until  the  expiration  of  thirty  days  after  the  rendition  of  Kuch  jud'-'nienl 
for  Ums  ]>lainti(r  as  exc«?ution  may  issue  upon,  unless  sooner  legallj  diwliarged. 

Attachment.— All  nropfrrty.  real  and  personal,  which  is  liable  lo  Ic  taken  in 
execution,  may  be  attached  and  held  as  security  fur  the  judguieut  the  plaiotiH'  laay 
recover. 


174  SPECIAL    LAWS    OF    NEW    HAMPSHIRE, 


Chattel  Mortgages. 

Possession  of  the  mortgaged  property  must  be  delivered  to,  and  retained  by  the 
mortgagee,  or  the  mortgage  must  be  recorded  in  the  oflice  ol  the  clerk  of  the  town 
in  which  the  mortgager  resides  at  the  time  of  making  the  same. 

Each  mortgager  and  mortgagee,  shall  make  and  subscribe  an  affidavit  in  sub 
stance  as  follows : — 

^  We  severally  swear  that  the  foregoing  mortgage  is  made  for  the  purpose  of  secu 
ring  the  debt  specified  in  the  condition  thereof,  and  for  no  other  purpose  whatever, 
and  that  said  debt  was  not  created  for  the  purpose  of  enabling  the  mortgager  to 
execute  said  mortgage,  but  is  a  just  debt,  honestly  due  and  owing  from  the  mort 
gager  to  the  mortgagee. 

Every  such  aifidavit  with  the  certificate  of  the  justice  who  administered  the 
oath  shall  be  made  upon  or  appended  to  such  mortgage,  and  recorded  therewith. 

No  mortgager  of  personal  property,  shall  sell  or  pledge  any  such  property,  by 
him  mortgaged,  without  the  consent  of  the  mortgagee  in  writing,  upon  the  back 
of  the  mortgage,  and  on  the  margin  of  the  record  thereof,  in  the  office  where  such 
mortgage  is  recorded. 

No  mortgager  shall  execute  any  second  or  subsequent  mortgage  of  personal 
property,  while  the  same  is  subj-^ct  to  a  previously  existing  mortgage  given  by  such 
mortgager,  unless  the  fact  of  the  existence  of  such  previous  mortgage  is  set  forth 
In  the  subsequent  mortgage. 

If  any  mortgager  shall  be  guilty  of  any  offence  specified  in  the  two  preceding 
oaragraphs,  he  shall  be  punished  by  fine,  equal  to  double  the  value  of  the  property 
so  wrongfully  sold,  pledged,  or  mortgaged,  one  half  to  the  use  of  tlie  party  injured, 
and  the  other  half  to  the  use  of  the  county. 


Law  Regulating  Contracts. 

Ntf  action  shall  be  maintained  upon  any  contract  for  the  sale  of  lands,  unless  tl^e 
agreement  upon  which  such  action  shall  be  brought  or  some  memoranduji  thereof 
is  in  writing,  and  signed  by  the  parties  to  be  charged  there witli,  or  by  bome  odier 
person  thereunto  lawfully  authorized  by  writing. 

No  action  shall  be  brought  in  the  following  cases: — 
*  1.  To  charge  any  executor  or  administrator  upon  any  special  promise  to  answer 
damages  out  of  his  own  estate ; 

2.  To  charge  any  person  upon  any  special  promise  to  answer  for  the  debt,  de- 
fault, or  miscarriage  of  another  person.* 

3.  To  charge  any  person  upon  an  agreement  made  upon  consideration  of  mar 
riage; 

4.  To  charge  any  person  upon  any  agreement  that  is  not  to  be  peiformed  within 
one  year  from  the  time  of  making  it; 

Unless  such  promise  or  agreement  or  some  memorandum  or  note  tliereof  is  in 
writing  and  signed  by  the  party  to  be  charged  therewith,  or  by  some  person  tlvere, 
unto  by  Iuti  lawfully  authorized. 

No  action  shall  be  brought  upon  any  contract  Tor  the  sale  of  any  goods,  waref, 
or  merchandise,  for  tlie  price  of  thirty-three  dollars,  or  ujjward,  and  no  such  con 
tract  shall  be  valid  unless  the  buyer  shall  accept  part  of  the  property  so  sold  and 
actually  receive  the  same,  or  give  something  in  earnest  to  bind  the  bargain,  or  in 
part  pajnnent,  or  unless  some  note  or  memorandum  in  writing  of  the  said  bargain 
be  made  and  signed  by  the  parties  to  be  charged  by  such  contract  or  their  agents 
thereunto  lawfully  authoiized 


SPECIAL    LAWS   OF     <EW    HAMPSHIRE.  17«> 

Deeds. 

EvKRY  deed  or  other  conrpynnce  of  real  estate  pliall  bo  eignnd  KtA  sealed  by  the  par- 
ty erwiitine  Hie  pnnie.  atfeHed  by  two  or  more  witne?gri3,  ncknowWij^rd  l)y  such  prantor 
Inrfore  n  justice  of  the  pence,  iiotary-public.  or  cominiss-uiii-r,  or  before  a  miiiister  or 
consul  of  tb*'  United  states  in  a  foreign  cf>untry.  and  recorded  nt  length  in  the  n'sjistry 
of  deeds  in  the  county  'ii  wbich  such  lands  lie.  A  seal  should  be  used.  The  wjfeneed 
dot  be  Bepnrately  examined,  llie  form  of  acknowledgment  is  aa  follows : — 
State  of  New  Hampshire,  t 

County  of  Merrimntk,    )  Cone.ord.  November  1,  185S. 

Tlieu  i>ers()nHlly  appeared  John  Doe  and  Sv^XK  his  tcife,  in  the  foregoing  iustmraent 
naoied,  and  acknowledged  the  piune  to  be  their  tree  act  and  deed. 

Before  me,  JOHN  JONES,  Justice  of  the  Peac£. 


Rights  of  Married  Women, 

At  any  time  before  marriage  the  parties  thereto  may  enter  into  a  written  contract^ 
that  nhor  marriage  the  wife  niny  bold  the  whole  or  any  designated  portion  of  her  per- 
sonal or  r(>al  estate,  or  rights  of  action,  to  h<>r  sole  and  separate  use,  free  from  the  inter- 
f<!r«-nceor  control  of  her  husb-.ind,  and  she  sbiiU  hold,  possess,  and  enjoy,  the  same  ac- 
cordingly. If  real  rstate  be  included  in  such  contract,  it  must  be  recorded  in  the  y»ia- 
try  of  deeds  for  the  county  where  situate. 

Any  dirvise,  conveyance,  or  bequest  of  properly,  real,  persona!,  or  mixed,  may  bo 
miide  to  any  married  woman,  to  be  held  by  her  without  the  interv.-ntion  of  a  trustee, 
to  her  sole  and  separate  use,  free  from  tlie  interference  or  control  of  her  bu:«band ;  and 
she  Fh^ll  hoM,  po-sess,  and  enjoy  the  estate  so  piven,  devised,  convoyed,  or  bequeathed, 
accordingly  ;  and  shall  in  like  manner  hold  any  property  she  may  receive  under  any 
do«?d  <irti-«''t  made  before  or  after  her  marriage. 

Wlionever  any  married  woman  shall  be  entitled  to  hold  propi^rty  in  her  own  right, 
and  to  her  separate  use,  she  may  make  contracts,  may  sue  and  be  sued  in  her  own  numo 
and  may  di*pf>«e  of  said  property,  by  will  or  otiierwise,  as  if  she  wore  sole  and  unmar 
tied;  and  if  she  shall  decease  intestate,  her  husband  shall  be  excluded  from  any  shara 
in  her  said  estate,  and  such  estate  shall  be  aduiiuiatercd  and  inherited  in  the  same  inab 
ucr  as  if  she  were  sole  and  tinmarried. 

Any  married  woman  of  full  age  may  join  with  her  husband  in  any  conveyance  of  real 
estate,  and  aojr  married  woman  may  join  with  her  husband  in  release  of  dower,  al- 
though  she  is  not  of  full  age. 

Any  married  woman,  <>!  the  aire  of  21  years  or  upward,  and  of  sane  mind,  who  may 
be  seized  in  her  own  right  of  any  real  estate  in  tills  state,  shall  have  power  to  give,  de- 
rise,  and  dispose  of,  the  .^nme  by  will  in  writing,  to  any  devisee  therein  named,  except 
her  hu.^bnnd.  which  will,  when  signed  and  sealed  by  the  devisor,  and  duly  attested  and 
•»iliecril>ed  by  three  credible  witnesses  thereto,  in  hfT  presence,  and  executed  with  flie 
fortniifit'.*  now  roqiiired  by  law  in  other  cases,  shall  be  )>roved  and  allowed  by  the  courts 
of  I  '  '- -tate,  and  shall  1)0  eft»«tual  in  dielrilxiting  the  estate  devi8*j<l  according 

to  1 1  •'  the  devisor;  provided,  tliat  any  such  will  shall  in  no  case  afhct  in- 

jtii :  Is  iioquired  by  the  husband  in  any  estate:  so  devised,  by  virtue  of  the 

nii.rii-.-   .  .,..1.,,,  t. 

If  a  miirri»-d  wotnnn  wisliefl  to  elve  bor  rcnl  estate  to  her  husband,  siic  must  convey 
It  to  hitn  l»y  deiid  duriuj;  her  lifetime. 

Dower.— 'I  be  widow  of  every  person  deceased  shall  be  entitled  to  one  third  part  of 
the  lands,  with  the  tenements  tbereon,  wbich  were  during  tlv  marriage  anil  seizin  of 
the  biisbiind.  in  n  state  of  CTtllivation,  or  were  used  or  kept  as  n  wood  and  timber  lot, 
•n<l  occupied  with  some  farm  or  tenement  owned  by  the  husUoid,  uuIcbb  she  shall  have 
relinquished  her  right  ia  legal  form. 


Rate  of  Interest. 

The  lejral  rate  5«  six  percent.,  and  if  more  be  taken,  the  party  forfeitf  three  times  tlw 
amount  unlawfully  taken. 


I 


Wills. 


WtiM  should  he  In  writing,  signed  and  sealed  by  the  testator  or  by  soinft  person 
fa  his  prcsenw!,  and  by  his  express  direction,  and  att/sted  and  subscribed  in  Imi  pros- 
ciiee  by  three  or  more  credible  wilnesse*  when  they  dispose  of  real  estate;  out  two 
wUaeMcs  ore  required  to  a  ««l|  disposing  ofpertonai  i»«Uito  oiiUf. 


.X7G 


"     ■f  1 1 H  ©  1  f .    ^ 


178 


SPECIAL    LAWS    OP    VERMONT. 


VERMONT. 

Coustitution  adopted  1793.— Square  Miles,  10,212.— Population  in  1850,  3iy,45L 


"<:SJMi_ 


Exemptions. 

There  ia  exempted  from  sale  on  execution  such 
Buitahle  apparel,  bedding,  tools,  arms,  and  articles  of 
household  furniture,  as  may  be  necessary  for  uphold- 
ing life  ;  one  cow;  the  best  swine,  or  the  meat  of  one 
Bwine  ;  ten  sheep,  and  one  year's  ptorluctof  said  sheep 
in  wool,  yarn,  or  cloth ;  forage  sufficient  for  keeping 
not  exceeding  ten  sheep  and  one  cow  through  one 
winter ;  ten  cords  of  firewood  ;  five  bushels  of  grain  ; 
twenty  bushels  of  potatoes;  such  militnry  arms  and 
accoutrements  as  the  debtor  is  required  by  law  to  fur- 
nish ;  and  all  growing  crops :  also  the  bibles  and  other 
books  used  in  the  family ;  and  five  bushels  of  grain  in 

addition,  and  three  swarms  of  bees  and  hives,  together  with  their  pro<iuce  in 

honey,  and  200  pounds  of  sugar. 


Homestead-Exemption  Law. 

The  homestead  of  every  housekeeper  or  head  of  a  family,  residing  in  this 
state,  to  the  value  of  five  hundred  dollars,  such  homestead  consisting  of  a  dwel- 
ling-house, outbuildings,  and  lands  appurtenant,  occupied  by  such  person  as  a 
homestead,  and  the  yearly  products  thereof  shall  be  exempt  from  attachment 
and  execution,  in  all  cases  where  the  contract  shall  be  made  or  the  cause  of 
action  shall  accrue  after  the  first  day  of  December,  one  thousand  eight  hundred 
and  fifty,  except  as  hereinafter  provided. 

Whenever  the  real  estate  of  such  housekeeper  or  head  of  a  family  shall  be 
levied  upon  by  virtue  of  any  execution,  such  portion  thereof  as  may  be  occupied 
by  him  as  a  homestead,  and  as  he  may  then  elect  to  regard  as  such,  to  the  value 
of  five  hundred  dollars,  in  case  such  person  is  entitled  to  hold  the  same  exempt 
from  said  execution,  shall  be  set  out  to  him  by  the  appraisers  on  said  execution, 
uy)on  their  oaths,  and  the  remainder  only  shall  be  set  oft'  to  the  creditor,  therein, 
and  such  homestead  shall  be  set  out  in  the  same  manner  as  is  now  provided  by 
law  for  the  setting  off"  of  lands  on  execution 

If  any  such  housekeeper  or  head  of  a  family  shall  decease,  leaving  a  widow, 
his  homestead,  of  the  value  aforesaid,  shall  wholly  pass  to  his  widow,  and  chil- 
dren if  any  there  be,  in  due  course  of  descent,  without  being  subject  to  the  pay- 
ment of  the  debts  of  the  deceased,  unless  made  specially  chargeable  thereon,  or 
for  taxes  assessed  thereon. 

Such  homestead  shall  not  be  alienated  or  mortgaged  by  the  owner  thereof,  if  a 
married  man,  except  by  the  joint  deed  of  such  husband  and  wife,  executed  and 
acknowledged  in  the  manner  provided  for  the  conveyance  of  the  lands  of  mar- 
ried women:  Provided,  however,  that  such  husband  may,  without  the  consent 
of  his  wife,  mortgage  such  homestead,  at  the  time  of  the  purchase  thereof,  for  the 
payment  of  the  purchase-money. 

Such  homestead  shall  be  subject  to  attachment  and  execution  upon  any  con- 
tract that  may  be  made,  and  for  all  matters  and  causes  of  action  which  may 
accrue,  previous  to  or  at  the  time  of  the  purchase  of  such  homestead,  and  shall 
be  subject  to  sale  for  non-payment  of  taxes  assessed  tlrereon  ;  and  the  tiirje  when 
the  deed  to  the  owner  of  such  homestead  shall  be  left  in  the  town-clerk's  oflice, 
for  record,  shall  be  deemed  the  time  of  the  purchase  thereof  for  the  purpose  men- 
tioned in  this  act. 


SPECIAL    LAWS    OF    VER.MOiXT.  179 

Tin'  prohntfl  c'utrt  may  authorizR  the  gfunrdian  of  nny  insane  manie.l  womnn,  under 
tlu!  leyuliiticjii-i  now  provided  by  law  lor  tho  sxle,  by  guardians,  of  the  real  cstfite  ot  their 
wards,  to  sill  and  convey  the  inrerest  of  his  ward  in  the  homestead  of  her  husband,  when 
ever  auch  sule  shall  be  deemed  conducive  to  the  interest  of  such  insane  married  womau 


Mechanics'  Lien. 

Ant  person  who  chall  perform  any  labor  or  furnish  materials  in  this  state  for  or  tow- 
ard the  buildiiiL',  repiiiring,  fitting,  or  furnishing,  any  ship,  vessel,  or  st-'amboat,  shall  have 
a  lii'n  on  the  same  for  his"  was:<>8~and  materials  so  furnished  until  four  months  after  the 
ship,  vessel,  or  steamboat,  shall  be  completed,  and  may  secure  the  same  by  attachment 
on  such  ship,  vessel,  or  steamboat,  which  shall  have  precedence  of  all  other  attachnn.'nts 
and  clHims. 

Before  such  lien  shall  attach  or  be  in  force,  such  person  shall  have  n  just  and  le^al 
claim  for  his  services  performed  or  materials  furnished,  and  shall  demand  payment  of 
the  came  of  the  owner,  a^ent,  contractor,  or  person,  in  whose  cure  such  ship,  vessel,  or 
Bteamboat,  may  be ;  and  in  case  such  person,  having  a  lien  as  aforesaid,  shall  demand 
more  than  is  due  to  him,  such  owner,  agent,  contractor,  or  person,  in  whose  care  such 
ehip,  vessel,  or  steamboat,  may  be,  may  tender  or  nay  to  such  person  the  just  and  full 
amount  due  him  for  his  labor  or  materials  furnished  as  aforesaid,  and  fully  and  abso- 
lutely discharge  such  lien. 

When  any  contract  or  agreement  shall  hereafter  be  made  in  writing  for  erecting,  re- 
pairing, or  all<>rin°;,  any  house  or  other  building  in  this  state,  or  for  furnishing  labor  or 
Miateriids  for  the  puipo'es  aforesaid,  the  person  proceeding  in  pursuance  of  such  con- 
tract or  agreement  shall  have  a  lion  to  secure  the  payment  of  the  satne,  upon  such  house 
or  building  ami  the  lot  of  land  on  which  the  same  sbuids,  and  the  lien  hereby  created 
shall  continue  in  force  for  the  space  of  three  months  from  the  time  when  payment  shall 
b<pome  due  for  the  work,  labor,  or  materials,  furnished  as  aforesaid. 

No  person  slinll  have  a  lien  upon  any  house  or  other  buililing,  until  he  lodge  in  tliO 
town-clerk's  office  of  the  town  where  such  house  or  other  building  it  situated,  a  copy  of 
the  contract  under  which  he  is  erecting,  repjiiiing,  or  altering  the  same,  and  cause  to  be 
then-  recorded  a  di-chirntidn,  signed  by  liio),  of  his  intention  to  claim  such  lien. 

Within  three  months  afii^r  payment  shall  become  due  to  him  under  such  contract,  stjch 
person  may  commence  his  action  for  the  8«me,  and  cause  said  house  or  other  building 
to  be  attjictied  thereon  in  dm;  cours*^  of  hiw,  and  if  he  shall  obtain  judgment  in  the  suit 
•o  institutf  (I,  the  record  of  such  judgin<mt  shall  einbrace  a  brief  btateuK-nt  of  the  contract 
upon  which  the  same  was  founded  ;  and  the  plaintitr  may,  within  five  months  after  tlio 
date  of  such  judgment,  cauxe  a  certifietl  copy  of  the  reconl  of  such  judgment  to  be  re- 
corded in  the  town  clerk's  office  of  the  town  where  such  house  or  other  building  is  situ- 
ated ;  and  such  house  other  building  shall  be  thereupon  holdi;n  for  the  amount  due  upon 
•uch  judgment,  to«ether  with  the  cost  of  the  copy  of  the  record  of  the  judgment  an(t  re- 
cording, in  the  same  manner  as  if  it  had  been  mortgaged  for  the  payment  of  the  same, 
from  the  time  the  copy  of  the  contract  and  declaration  were  lodged  in  the  town-clork'a 
office  as  herein  provid<*d  ;  and  the  tilaintiti'aiiHll  have  the  same  retU'dy  to  obtain  posses- 
•ioB  and  to  foreclose  the  defendant  s  equity  of  redemption,  and  perfect  bia  own  title,  as 
lu  caae  of  a  mortgage. 


La'w  regulating  Contracts. 

No  action  In  law,  or  equity,  shall  be  brought  in  nny  of  the  following  cnse^ : — 
1.  To  charge  an  executor  or  ndministriitor  upon  any  special  proiiii-e,  to  answer 
damages  out  of  hi«  own  estati; ;  or,  2.  To  cliarpn  any  piirson,  iipoTi  imy  special  promise, 
to  an-wer  for  the  debt,  default,  or  misdoings  of  another  ;  or,  3il.  To  charge  nny  person, 
upon  any  ngre^ment  made  upon  consideration  of  marriage ;  or,  4th.  U|>on  any  contract 
for  the  sale  of  lands,  tenements,  or  hereditaments,  or  of  nny  interest  in  or  conctnuug 
them  ;  or,  5.  Upon  any  agreement  that  is  not  t«)  be  performed  within  one  year  (rom  the 
making  thereof;  unless  the  promise,  contract,  or  agreement,  u|K)n  which  such  nctlon 
shall  bi!  brought,  or  some  memorandum  or  not»!  thereof,  shall  be  in  writing,  anri  signed 
by  tJie  party  to  be  chnrgnd  therewith,  or  by  some  person  thereunto  by  him  lawfully  nu- 
IhorireH  ;  and  if  thff  contract  or  agreement  rclnt«»  to  tlie  sale  of  real  estate  or  any  inU'ivst 
I'  iity  shall  be  Conferred  in  writing. 

•  i-ale  of  nny  goods,  wares,  or  merchandise,  for  the  price  of  forty 

.         1  be  go<>d  or  valid,  unless  the  purchasw-r  shall  accept  nnd  receive  part 

oi  wr  Koo..,  »o  «oi.i.  or  shall  give  somelhiug  In  enrnegt  to  bind  tin;  bargain,  or  in  part 

payment,  or  unless  some  note  or  mcuiorttuJum  of  the  bargain  bo  uiado  In  writing,  and 


ISO  SPKCIAL    LAWS    OF    VKR-\IO.\T. 

eigncfJ  by  ttie  party  to  be  charged  thereby,  or  by  some  person  thereunto  by  him  JawfuTIj 
nuthoiizt^d. 

No  Htlion  shall  bn  brfniglit  to  chnree  8iiy  person,  wpon  or  by  )ensf)n  of  any  ropresenta* 
tion  orashnraiicc;  made  coiicernjnj,'  the  character,  concluct,  credit,  abiUty,  trade,  or  deal- 
iiiirs,  of  any  other  person,  unless  such  representation  or  assurance  be  made  in  writing, 
and  signed  by  the  party  to  be  charged  thereby,  or  by  some  person  thereunto  by  him 
lawfully  authoiized. 

No  moitgaije  of  any  machinery  used  in  any  factory,  shop,  or  mill,  hereaft^-r  made,  shall 
Ix!  vidid  tijrianst  any  other  person  than  thf'  parties  thereto,  unless  poissession  of  the  mort- 
gagrd  machinery  be  delivered  to  and  retained  by  the  mortgagee. 


Assignments. 

Ai,L  general  nssignments  made  by  debtors  for  the  benefit  of  creditors  shall  be  null  and 
void  as  against  the  creditors  of  said  debtors.  All  assignments  hereafter  made  of  prop- 
erty,  including  choses  in  action,  by  debtors  for  the  benefit  of  creditors,  shall  l>e  in  writing 
and  signed  by  the  debtor  ;  and  in  case  real  estate  is  assigned,  it  shall  be  by  deed,  exe- 
cuted and  recorded  conformably  to  the  laws  relating  to  the  conveynnce  of  real  estat(\ 

The  assignor  and  assignee  shall  file  in  the  county  clerk's  office  in  the  county  where  the 
assignment  is  made  and  the  property  is  situated,  a  true  copy  of  the  assignment  and  of  tiie 
inventory  of  property  assigned  and  of  the  list  of  creditors  to  be  benc-fited  by  the  assign- 
rnent,  within  ten  days  from  the  lime  of  the  executicm  of  the  assignment. 

All  assignments  made  alter  January  1,  1856,  shall  bo  for  the  benefit  of  all  the  creditors 
of  the  assignor,  in  proportion  to  their  respective  claims,  anything  in  such  assignment  to 
the  contrary  notwithstanding. 


Limitation  of  Actions. 

No  nctioti  for  the  recovery  of  any  lands,  or  for  the  recovery  of  the  possession  thereof, 
shall  be  maintained,  unless  such  action  i-;  commenced  within  fifteen  years  next  after  th«3 
cause  of  action  first  accrued  to  the  plaintiff'  or  those  under  whom  he  claims. 

No  person  having  right  or  title  of  entry  into  houses  or  lands  shall  thereinto  enter  but 
within  fifteen  years  next  after  snch  right  of  entry  shall  accrue. 

The  following  actions  shall  be  commenced  within  six  years  next  after  the  cause  of  oc- 
tion  acfruod,  and  not  after:  1.  All  actions  of  debt  founded  upon  any  contract,  obligation, 
or  liability,  not  under  seal,  excepting  such  are  brought  upon  the  judgment  or  decree  (;f 
Bonie  court  of  record  of  the  United  States,  or  of  tUs  or  some  other  folate.  2.  All  actions 
upon  judgments  rendered  in  any  coui-t,  not  being  a  court  of  record,  '.i.  All  actions  of 
debt,  for  arrearages  of  rent.  4.  All  actions  of  account,  assumpsit,  or  on  the  case,  founded 
on  any  contract  or  liability,  expressed  or  implied.  5.  All  actions  of  trespass  upon  land, 
6.  All"  actions  of  replevin,  and  all  other  actions  for  taking,  detaining,  or  injuring  goods  or 
chattels.  7.  All  other  actions  on  the  case,  except  actions  for  slanderous  words  and  for 
libels. 

All  actions  for  assault  and  battery  and  for  false  imprisonment  shall  be  commenced 
within  thrt'e  years  next  after  the  cause  of  action  shall  accrue,  and  not  afterward. 

All  actions  for  slanderous  words  and  for  libels  shall  be  commenced  within  two  years 
next  aftpr  the  cause  of  action  shall  accrue,  and  not  afterward. 

All  actions  /igainst  sherifls  for  the  ndsconduct  or  negligence  of  their  deputies,  shall  be 
commenced  within  four  years  next  after  the  cause  of  actton  shall  accrue,  and  not  after- 
ward. 

None  of  the  foregoing  provisions  shall  apply  to  any  action  brought  upon  a  promissory 
not^«  which  is  signed  in  the  presence  of  an  attesting  witness,  but  the  action  in  such  case 
ehal!  be  commenced  within  fourteen  years  next  after  the  cause  of  action  shall  accrue 
thereon,  and  not  afterward. 

All  actions  of  debt  or  scire  facias  on  judgment  shall  be  brought  within  eight  years  next 
after  the  rendition  of  such  judgment ;  and  all  actions  of  debt  on  specialties  within 
eight  years  after  the  cause  of  action  accrued. 

All  actions  of  covenants  other  than  the  covenants  of  warranty  and  seizin,  contained  in 
deeds  of  conveyance  of  lands,  shall  be  brought  within  eight  years  after  the  catJse  of 
action  accrued,  and  not  aft>'r\vard. 

All  actions  of  covenant  l>rought'on  any  covenant  of  warranty  contained  in  any  deed 
of  conveyance  of  land  shall  bo  brought  within  eight  years  next  alter  there  sli^dl  Inive 
been  n  final  decision  against  the  title  ot  the  covenanter  in  such  deed  ;  and  all  actions  of 
covenant  brought  on  any  covt.-ntuit  of  seizin  contained  in  any  such  deed,  shall  be  brought 
witliiii  fifteen  years  next  after  the  ca.ise  of  action  shall  accrue,  and  not  afterward. 

When  any  pcrsop  shuU  bo  disabled  to  prosecute  an  actiuu  in  the  cuurts  of  thid  state  by 


SPECIAL    LAWS    OF    VKIIMOAT.  181 

T»'a»on  of  hia  being  an  aliPH  nibject,  or  citizen  of  nny  country  at  war  with  thu  United 
SlHtf:!,  the  time  ot  tlic  confinuaif^l  of  such  wwr  shall  not  be  (]e»nied  any  part  of  the  re- 
epictive  peiiodd  heroin  liuiited  lor  the  conimeJicement  of  any  ot  tlie  actions  before  men 
tioiied. 

If.  nt  the  time  when  any  cause  of  nction  of  a  personal  nature,  mentioned  in  this  net, 
Bhiill  Hc-criie  ngfiinsl  any  pi  rson.  he  shall  be  out  of  the  stale,  the  action  mi^y  be  com- 
m  need  within  the  time  herein  limitt>d  therefor,  after  such  per.^on  shall  come  itijo«the 
state  ;  and  if,  after  any  cause  of  action  <-hall  have  accrued,  and  before  the  statute  has  run^ 
th<'  person  apaiiifrt  whom  it  has  accrued  bhall  be  absent  Irom  and  reside  out  of  the  state, 
and  shall  not  hiive  known  property  within  this  state  which  could  be  attached,  the  timo 
oi  his  absence  shiiU  not  be  taken  as  any  pnrt  of  the  lime  limited  for  the  commencement 
of  the  action.  The  provisions  of  this  B»cti()u  shall  not  be  construed  to  extend  to  any 
cause  of  action  which  accrued  in  any  other  etjite,  or  government,  where  the  parties 
th«reto,  at  the  time  such  cause  of  action  accrued,  were  residents  of  any  other  state  or 
gorernment. 

All  acii  ns  apainst  any  town,  or  town-clerk,  to  recover  damages  for  any  neglect  or  de- 
fault of  duty  of  any  town-clerk,  in  relation  to  or  concerning  any  df^ed,  execution,  or 
other  instrument,  delivered  to  him,  or  left  in  his  office  for  record,  may  and  shiill  bo 
brought  wiihin  six  years  next  after  there  shall  have  been  a  final  dtcision  at  law  or  in 
equity  against  the  title,  right,  or  claim,  of  the  parly  under  such  deed,  execution,  or  in- 
BtruMifnt  and  not  nfbr. 

If,  in  any  action  duly  commenced  within  the  time  limited  and  allowed  therefor,  tho 
writ  fail  if  a  suffitic  nt  service  or  return,  by  any  unavoidable  accident,  or  by  any  default  or 
neglect  ol  the  officer  to  whom  it  is  committed,  or  if  the  writ  shall  lie  abated,  or  the  ac- 
tion otherwi»<'  defeated  or  avoided  by  the  d(>nth  of  any  party  thereto,  or  for  any  matter 
of  foi  m  ;  or  if,  aft«'r  verdiel  for  the  plaintift*  the  judgment  shall  be  arrested  ;  or  if  a  judg. 
im  nt  for  the  plaintiff  shall  be  reversed  on  a  writ  (if  error  or  on  execution,  the  plaintiff 
niny  commence  a  new  action  for  the  same  cause  at  any  time  within  one  year  alter  the 
abtttcment  or  other  ditcrmination  of  the  original  suit,  or  after  the  reversal  of  the  judg- 
ment  thereon  ;  and  if  the  cause  of  action  survive,  fiis  executor  or  administrator  may,  iu 
cace  of  his  death,  commence  such  new  action  within  the  said  oue  year,  or  within  ona 
yeur  after  letl«'r«  shall  have  be<!ii  granted. 

Whenever  the  commencement  of  any  suit  shall  be  stayed  by  an  Injunction  of  any 
court  of  equity,  the  time  during  which  such  injunction  shall  be  in  force  shall  not  be 
dremed  any  portion  of  the  time  limited  for  the  commencemenl  of  such  suit. 

If  any  person,  entitled  to  bring  any  action  in  this  act  specitted,  shall,  at  the  time  when 
tlic  CMUKc  of  action  acciues,  be  u  min<ir,  or  a  married  woman,  insane,  or  imprisoned,  such 
person  may  bring  the  said  action  within  the  times  respectively  limited  alter  the  disiibilily 
■ball  be  removed. 

None  of  the  provisions  of , this  net  snail  apply  to  suits  brought  to  enforce  payment  on 
bills,  notes,  or  other  evidences  of  debts,  ixsued  by  moncytd  corporations. 

All  the  provisions  of  this  act  shall  apply  to  the  case  of  a  debt  or  contract  alleged  by 
Way  of  set-off,  and  the  thne  of  limitation  of  puch  debt  shall  Ih«  compute<l  in  like  manner 
M  if  an  aciion  had  been  commenced  therefor  at  the  time  when  the  plaintilf's  action  woa 
conmicncod. 

If  one  of  two  or  more  joint  contractors  make  such  written  promise  or  acknowledg- 
ment, it  shall  not  alTuct  the  other  joint  contractors. 


Collection  of  Debts. 

AsBKST. — No  female  shall  be  arrested  or  Impiisoned  by  virtiio  of  any  mesne  proce«i 
which  shall  issue  in  an  action  founded  on  contract,  nor  by  virtue  of  any  execution  which 
•IimII  issue  on  a  jmlgmcnt  recovered  in  any  such  action. 

No  |K»r(>on,  who  is  a  resident  citizen  of  this  state,  or  of  any  other  of  the  United  States, 
ahnll  Iw  arn-ht.'d  or  imprisoned  by  virtue  of  any  mesne  process,  which  shall  issue  in  an 
IK  tiiiii  f -luiil'd  on  any  contract,  express  or  implied,  made  or  entered  into  alt«?r  the  first 
(1  ly  i.t  J  iiiuiry,  A.  D.  18.'19,  nor  by  virtue  of  an  exicuticn,  issued  on  a  judgment  recov- 
rii  i  ui  nil  a<  tKin  founded  on  any  such  contract :  jrrovided,  lliat  if  ttie  plaintifl',  his  agent, 
or  iiitoriiiy,  praying  out  H  writ  on  any  such  contract,  shall  file  with  thu  authoriiy  iHsuing 
•ucii  writ,  an  affidavit  stating  that  he  has  gocMi  reason  to  believe,  and  does  believe,  that 
tlic  del.niliiiit  is  aliout  to  almcond  or  nrinove  from  the  state,  and  has  secreted  about  hia 

jx •  '    '     •• '    ' ■■  V  or  oiher  prn|).«rty,  to  an  amount  exceeding  twenty  dollara, 

iiiand  upon  which  he  is  to  be  arreste.l,  such  writ  may  isouu 
:■■  1  b.:  »erv.d  upon,  the  body  of  the  delemlant. 

..nary  mode  of  process  in  civil  causes  shall  b«  by  writ  of  sum- 


muU4  ut  wllnviiiiurlit. 


16 


182  SPECIAL    LAWS   OF    VERMONT. 

Wiits  of  nltiiclitnoiit  may  i'spur  against  the  goods,  c^ttels,  or  estate  of  the  defendant, 
and  for  want  thereof,  against  his  body.  " 

All  actions  fuiHidcd  on  any  contract,  express  or  implied,  may  be.  commenced  by  trus- 
tee proci-ss.  No  person  shall  be  summoned  ns  a  trustee  unless  at  the  time  of  the  service 
ol  the  writ  he  resides  in  this  state. 

Debts  duo  a!id  owing  in  this  state  from  any  person  or  persons,  part  or  all  of  whom 
re^id»nut  of  tliis  stjite,  having  an  authorized  agent  resident  within  this  state,  may  be  at- 
tached by  tru-tee  process. 

If  the  amount  of  debt  or  debt  or  damages  recovered  by  the  plaintiff  in  any  trustee  pro- 
cess, siiall  not  exceed  ten  dollars,  or  if  the  goods,  ettects,  and  credits,  in  the  hands  of  tho 
trustee,  shall  not  exceed  in  value  the  sum  of  ten  dollars,  the  trustee  shall  be  discharged. 


Deeds 


All  deeds  and  other  conveyances  of  lands  or  of  any  estate  or  interest  therein  shall  be 
signed  and  sealed  by  the  party  granting  the  same,  and  signed  by  two  or  more  witnesses, 
and  acknowledeed  by  the  grantor,  before  a  justice  of  the  peace,  and  recorded  at  length 
in  the  clerk's  office  of  the  town  in  wliich  such  lands  lie.  Town-clerks,  notaries  public, 
and  masters  in  chancery,  have  the  same  power  to  take  acknowledgments  as  justices  of 
thi'  peace,  by  act  of  1850. 

It  such  lands  lie  in  a  town  in  which  there  is  no  town-clerk,  the  conveyance  shall  bo 
recorded  by  the  clerk  of  the  county  in  which  such  lands  lie. 

All  acta  and  parts  of  acts,  heretofore  passed  and  now  in  force,  requirinff  married 
women  to  acknowledge  any  deeds,  execut»>d  by  them,  separate  and  apart  from  their 
husbands,  and  that  they  executed  the  same  without  any  fear  or  compulsion  of  tluiir  hus- 
bands, are  hereby  repealed. 

All  deeds  and  conveyances,  after  November  15,  1851,  by  married  women  in  conjunc- 
tion with  their  husbands,  if  executed  and  acknowledged  ia  the  manner  required  of  other 
persons,  shall  be  deemed  valid  and  effectual  in  law. 

All  deeda  and  other  conveyances,  and  powers  of  attorney  for  the  conveyance  of  lands, 
the  acknowledgment  or  proof  which  shall  have  been  or  hereafter  shall  be  taken  without 
this  state,  if  certified  agreeably  to  tho  laws  of  the  state,  province,  or  kingdom,  in  which 
it  was  taken,  shall  be  as  valid  as  though  the  same  were  taken  before  some  proper  officer 
or  court  within  this  state  ,  and  the  pioof  of  the  same  may  be  taken  and  the  same  ac- 
knowledged with  like  effect  before  any  justice  of  the  peace,  magistrate,  or  notary  public, 
within  the  United  States  or  in  any  foreign  country,  or  before  any  commissioner  ap 
pointed  for  that  purpose  by  the  governor  of  this  state,  or  before  any  minister,  charg6 
d'affaires,  or  consul,  of  the  United  States,  in  any  foreign  country;  and  the  acknowledg- 
ment of  a  dt;ed  by  a  femme  covert  (married  woman),  in  the  form  required  by  this  act, 
may  be  taken  by  either  of  said  persons. 

No  deed  or  other  conveyance  of  any  lands  or  of  any  estate  or  interest' therein  made, 
by  virtue  of  a  power  of  attorney,  shall  be  of  any  effect  or  admissible  in  evidence,  unless 
euch  power  of  attorney  shall  have  been  signed,  sealed,  and  acknowledged,  and  recorded 
iu  tho  office  where  such  deed  shall  hare  been  recorded.    A  seal  must  be  used. 

Form  of  Acknowledgement. 
State  of  Vermont,  ? 
Windsor  County,  5     '  Windsor,  January  4.  1856. 

Then  personally  appeared  John  Doe  and  Susan  Doe,  tcife  of  said  John  Doe,  and 
aeveralbj  acknowledged  the  foregoing  instrument,  by  them  signed  and  sealed,  to  be  their 
free  act  and  deed. 

Before  me,  JOHN  JONES,  Justice  of  the  Peace. 


Rights  of  Married  Women. 

It  shall  be  lawful  for  any  married  woman,  by  herself  and  in  her  name,  or  in  tho  name 
of  any  third  piMSon,  with  his  asifent  as  her  trustee,  to  cause  to  be  insured  for  her  solo 
use,  the  life  of  her  husband  for  any  definite  period,  or  for  the  term  of  his  natural  life,  and 
in  case  of  her  surviving  her  husband,  the  sum  or  net  amount  of  the  insurance  becoming 
due  and  payable  by  the  tetms  of  the  insurance,  shall  be  payable  to  her  and  for  her  own 
use,  free  from  the  claims  of  the  representativ<?s  of  her  husband  or  of  any  of  his  creditors  ; 
l)Ut  such  exemptions  shall  not  apply  when  the  amount  of  premium  annually  paid  shall 
exceed  three  hundred  dollars. 

In  case  of  the  death  of  the  wife  before  the  decease  of  her  husband,  the  amount  of  the 
insurance  may  be  made  payable,  alter  death,  to  her  children,  for  their  use,  and  to  their 
guardian  if  under  age. 


SPECTAL   LAWS   OF    VERMONT.  183 

It  shall  be  Inwful  for  any  unmarried  woninn  by  hf^r.-elfand  in  hor  own  nnmr»,  or  in  the 
name  of  any  third  person  a^  her  trustee,  to  CHUse  to  be  insured  for  her  sole  use,  the  lifo 
of  her  father  or  brotluT  for  «ny  dtfiiiite  period,  or  durin'j  his  natural  life  ;  and  in  case 
of  her  surviving  such  person,  Av  shall  be  entitled  to  receive  the  amount  of  the  net  iu- 
Burance  in  the  same  manner  as  in  the  case  of  tnarried  women. 

Dower. — The  widow  of  any  dec»a.=(>d  person  shall  be  entitled  to  dower,  or  the  us**, 
dining  her  natural  life,  of  one  third  of  the  real  esttttc  of  which  her  husband  died  seized 
in  his  own  right,  unlefs  she  shall  be  barred. 

The  widow  may  be  barred  of  her  dower  in  all  the  lands  of  her  husband  in  the  follow- 
ing wmvs  : — 

1.  When  a  jointure  shall  hare  bet^n  settled  on  such  widow  by  her  husband  or  other 
P'^rson,  or  some  p^^cuniary  provi>iion  shall  have  been  made  for  her,  before  her  marriajjr, 
with  or  without  her  agreement  or  consent ;  or  after  her  marriage,  with  her  consent,  to 
have  effect  after  the  death  of  her  husband,  and  expressed  to  be  in  lieu  and  discharge  of 
tier  dower. 

2.  When  her  husband,  by  his  last  will  and  testament,  shall  have  made  provision  for 
such  widow,  which,  it  shall  appear  to  the  probate  court,  was  int<,>n.ded  to  be  in  lieu  of 
dower. 

3.  When  the  husband  shall  die,  leaving  no  children  or  representative  of  children,  and 
the  widow  shall  thereby  be  entiiled  to  one  haU  of  the  estate  of  her  husband. 

Yet  she  miiy  elect  to  waive  all  these  provisions,  and  to  take  lier  dower  instead,  and 
notify  the  court,  within  eight  months  alter  the  will  is  proved,  or  letters  of  administrutiua 
are  granted,  of  her  electiun,  iu  writing. 


Rate  of  Interest. 

Thk  legal  rate  of  hiferest  is  fixed  at  six  per  cent. ;  and  interest  paid  beyond  that  rate 
may  be  recovered  back,  with  costa. 


Wills. 


Wills  must  be  jn  writing,  and  sicned  by  the  testator,  or  by  some  other  person  in  his 
pre.-«>nce  and  by  his  express  direction  nnd  attested  and  subscribed  by  three  or  more  cred- 
ible witner-ses  in  the  presence  of  the  testator  and  of  each  other. 

Married  women  may  devise,  by  last  will  and  Ustanient,  their  lands,  tenements,  and 
hereditaments,  or  any  interest  tiierein  descendable  to  their  heirs. 


IS6  SPECIAL    LAWS    OF    MASSACHUSETTS. 

MASSACHUSETTS. 

Constitiitiou  adopted,  1780— Square  Miles,  7,500.— Population  in  T850,  993,715 

Exemptions. 

Thebe  is  exrnopt  from  snle  on  execution  in  this  state  th« 
'5  necespaiy  wearing  apparel  of  the  debtor  and  of  his  wife  and 
IJ  children  ;  one  bedstead,  bed,  and  the  necessary  bedding,  for 
,;^  every  two  persons  of  the  family ;  one  iron  etove,  used  for 
warmine:  the  dwelling-house,  and  fuel  not  exceeding  the 
v:ilne  of  ten  dollars,  procured  and  designed  for  the  use  of 
the  family  ;  other  household  furniture,  necessary  for  the 
debtor  and  his  fiimily,  not  exceeding  fifty  dollars  in  value; 
tlie  bibles  and  schoolbooks  usefl  in  the  family ;  one  cow,  six 
sheep,  ono  swine,  and  two  tons  of  hay,  the  six  sheep  not  to 
exceed  thirty  dollars  in  value;  the  tools  and  implements, 
material.-*,  stock,  and  fixtures,  of  any  debtor,  necessary  for 
carrying  on  his  trade  or  business ;  also  the  hooks  in  the 
liljrary  f>f  a  family,  student,  or  piofessional  man,  to  an  amount  not  exceeding  five  hun- 
dred dolhirs  in  value,  the  uniform  of  an  officer  or  private  in  the  militia,  and  the  arms 
nnd  accoutrements  required  by  lawto  be  kept  by  him  ;  a  pew  in  one  house  of  public* 
worship,  belonging  to  any  di'btor  and  occupied  by  him  or  his  family,  but  such  pew  may 
be  sold  for  non-payment  of  any  tax  legally  laid  on  the  same;  also  the  rights  of  burial, 
and  tomba  while  in  mc  as  repositories  for  the  dead. 


Homestead  Exemption. 

In  addition  to  the  property  now  ex>-mpt  by  law  from  sale  or  levy  on  execution,  there 
ehall  be  exempted  to  the  value  of  eight  hundred  dollars,  the  homestead  farm,  or  the  lot 
and  buildings  thereon,  occupied  as  a  residence  and  owned  by  the  debtor,  or  any  sucK 
buildings  owned  by  the  debtor  and  so  occupied,  on  land  not  his  own,  but  of  which  ho 
eha'd  be  in  rightful  possession,  by  lease  or  otherwise,  he  b<'ing  a  housoholder  and  having 
n  family;  and  no  release  or  waiver  of  such  exemption  shall  be  valid  in  law,  unless  by 
deed,  for  good  consideration,  acknowledged  and  r«H!orded  as  in  cases  of  conveyances  of 
real  estate  :  provided,  Jiowever,  that  no  person  shall  hold  exempted  as  above,  such  prop- 
erty to  a  larger  amount  than  eight  hundred  dollars,  including  the  rights  of  exemption, 
wliich  may  have  bt-en  acquired  under  the  aet  o(  1851  [which  exempted  $500]. 

Such  exemption  shall  continue  after  the  death  of  such  householder,  for  the  benefit  of 
the  widow  nnd  children  of  the  deceased  party,  some  one  of  them  continuing  to  occupy 
such  homestead  until  the  youngest  child  be  twenty-one  years  of  age,  nnd  until  the  death 
of  the  widow. 

No  property  by  virtue  of  this  act  shall  be  exempted  from  levy  for  the  taxes  thereon, 
or  for  a  debt  contracted  previous  to  the  purchast;  thereof,  or  tor  any  debt  contracted 
pr-evious  to  the  passage  of  this  act;  nor  shall  buildings  on  land  not  owned  by  the  debtor 
be  exempt  from  levy  for  the  ground-rent  of  the  lot  of  land  whereon  such  buildings  aro 
situated. 

Such  exemption  shall  not  be  deemed  to  defeat  or  otherwise  affect,  any  mortgage  or 
other  incumbrance  or  lien  existing  by  virtue  of  any  deed,  attachment,  policy  of  insu- 
rance, or  otherwise. 

No  conveyance  by  the  husband,  of  any  property  exempted  as  aforesaid,  shall  be  valid 
in  law  unless  the  wife  join  in  the  deed  of  conveyance. 

If  any  judgment  creditor  shall  require  an  execution  to  be  levied  on  property  claimed 
by  the  del)to"r  to  be  exempt  from  levy  under  this  aet,  and  the  ofiicer  holding  such  exe- 
cution shall  be  of  opinitm  that  the  premises  are  of  greater  value  than  eight  hundred  dol- 
lars, then  appraisers  shall  be  appointed  in  the  same  manner  as  provided  by  law  for  the 
levy  of  execution  on  real  estate  ;  and  the  said  ajjpraisers  shall  set  otf  to  such  debtor  such 
portion  of  said  premises  as  he  may  select,  including  the  dwelliriff-house,  as  shall  appear 
to  them  to  be  of  the  value  of  eight  hundred  dollars,  and  the  residue  of  the  property  shall 
be  appraised,  and  the  appraisers  shall  deliver  to  the  ofiicer  the  appraisal  of  the  value  of 
said  rt;sidue,  and  said  officer  shall  d(!liver  a  copy  thereof  to  the  debtor  or  other  lawful 
occupant  of  said  homestead,  and  it  shall  be  the  right  of  such  debtor  or  other  lawful  oo- 


SPECIAL   LAWS   OF    AiaSSACHDSETTS.  187 

ciipnnt  of  Pnid  pmnises,  to  pny  oi?  such  rxf'eufion  the  vaiuo  of  such  rpsidnp,  nnd  con- 
tiiiu*?  to  hold  siifh  homfftt^ad  hs  provided  in  this  act ;  but  in  ease  the  diM)lor  shall  not 
make  8uch  paym»'nt  within  sixty  daj's  Irom  the  time  of  receiving  such  noiice,  then  tfio 
creditor  may  require  such  residue  to  be  sold  i>y  the  officer  at  pubUc  auction,  after  duly 
advertising  the  same,  imd  apply  the  proceeds  to  such  execution. 
Approved,  April  27,  1855. 


Mechanics'  Lien. 

Contractor's  Liev.— Every  person  who  shall,  by  contract  with  the  oumer  of  any 
pJece  of  ]Hnd,fumuik  labor  or  mntcriHls  for  erecting  or  repairing  any  building  or  the  ap- 
purtenance of  any  building  on  such  land,  shall  have  a  lien  upon  the  whole  piece  of  land 
for  the  amount  due  to  him  for  such  labor  and  materials,  tf  the  contract  is  made  in  wri- 
ting, and  signed  by  the  owner  of  the  land,  or  Jjy  some  person  duly  atithorized  by  him, 
BHfl  recorded  in  the  registry  of  deeds  for  the  county  ^here  the  land  lies. 

The  lien  shajl  be  diss"olved  at  the  expiration  of  six  months  after  the  time  when  the 
money  due  by  the  contract,  or  the  last  instidment  thereof,  shall  bf^come  payable,  unless 
a  suit  for  enforcing  the  lien  shall  have  been  commenced  within  the  said  six  months. 

Lien  of  Mechanics  and  others  for  Labor  performed  and  Materials  fur- 
KT8IIED — Any  person  who  shall  actually  perform  labor  in  erecting,  altering,  or  repair- 
iiif.  any  building  or  structure  upon  real  estate,  or  shall  furnish  miiterials  actunlly  used 
for  th^  saino,  by  virtue  of  any  agreement  with,  or  consent  of,  the  owner  thereof,  or  other 
jjorson  having  authority  or  acting  for  such  owner  to  procure  labor  or  furnish  materials 
in  his  bebalt,  shwll  have  a  lien  upon  such  building  or  structure,  and  upon  the  interest  of 
the  owner  of  the  building  or  structure  in  the  lot  of  land  upon  which  the  same  is  situa- 
t»'d,  to  secure  the  paym<  nt  of  the  amount  due  him  for  such  laliur  or  materials  ;  provided, 
however,  that  no  lien  for  materials  furnished,  shall  attach  unless  the  person  furnishing 
the  s-ame  shall,  before  so  doing,  give  notice  to  the  owner  of  the  land,  if  such  owner  bo 
not  th<!  purchaser  of  the  materials,  that  he  inU^nds  to  claim  such  lien. 

Such  lien  shall  ho  dissolved  unless  the  person  who  may  desire  to  avail  himself  thereof 
■hall,  within  thirty  days  afb;r  he^shall  cease  to  Uihor  on.  or  furnish  materials  for,  such 
building  or  structure,  file,  in  the  office  (jf  the  clerk  of  the  city  or  town  in  which  the- samo 
is  situated,  n  stat'-ment  of  a  just  and  tme  account  of  the  amount  due  him,  with  all  just 
credits  given,  together  with  a  description  of  the  property  intended  to  be  covered  by  iho 
lien  sufficiently  accurate  for  identification,  with  the  name  of  the  owner  or  owners  of  the 
property,  if  known  ;  which  certificate  shall  be  subscribed  and  sworn  to  by  the  party 
claiming  the  lien,  or  by  some  one  in  his  behalf,  and  shall  be  recorded  in  a  book  kept  for 
that  purpose  by  said  clerk  ;  and  no  inaccuracy  in  the  description  of  the  property,  if  the 
•ame  cau  be  reasonably  recognisi-d,  or  in  the  stfttemcnt  of  the  amount  due,  shall  invali- 
date the  proceedings,  unless  it  shall  appear  that  the  person  filing  the  certificate  has  wil- 
fully and  knowingly  claimed  more  than  is  his  due. 

The  owner  of  any  building  or  structure  on  real  estate,  in  process  of  erection  or  of  be- 
ing altered  or  repaired,  may  prevent  the  attaching  of  any  lien  foi  labor  thereon  not  at 
the  time  p'Tformed,  or  materials  not  then  furnished,  by  giving  notice  in  writing  to  the 
person  perfortning  such  labor,  or  furnisldng  such  materials,  that  he  will  not  be  respuu- 
»il.l<'  ther«'lor. 

The  liens  aforesaid  may  be  enforced  by  p'^tition  to  the  courts  prescribed  by  statute, 
which  have  power  to  order  a  sale  of  the  building  or  structure,  and  the  interest,  of  tho 
owner  tliereof  in  the  lot  of  land  on  which  the  same  is  situated.  These  liens  are  not  en- 
titled to  priority  over  existing  liens  created  by  mortgage,  attachment  on  mesne  process, 
or  seizure  on  execution.  When  a  sale  takes  place  under  tho  statute,  the  pioceedg  must 
first  Ik;  applied  to  the  discharge  of  such  pre-exi«ting  liens  in  the  order  of  their  priority. 
But  when  ceveral  creditors,  entitled  to  the  l>enefit  of  the  stntut4;  lien,  have  all  equal  rights 
among  them'elv^-s,  and  the  limd  is  insufficietit  to  pay  all  the  debts,  they  share  equally  in 
propoilifin  to  the  amount  of  their  re-'peetive  claims. 

LiKN  ON  Hhips  and  Vks.skls.— Whenever,  by  virtue  of  any  contract,  exproHsed 
or  implied,  with  the  owners  of  any  ship  or  vessel,  or  with  the  agents,  contractors,  or 
•ult-contractors,  of  such  owners,  or  any  of  them,  or  with  any  person  having  been  ern- 
ploytd  t<)  construct,  repair,  or  launch  such  ship  or  vessel,  or  to  as^'ist  them,  money  sludl 
w  due  to  any  person  for  labor  p<rformed,  materials  used,  or  labor  and  materials  fur- 
nished in  the  con«truction.  launching,  or  repairs  of,  or  for  constructing  the  launching 
wjiv*  lor,  iir  Utr  provisions,  stores,  or  other  articles,  furnished  for  or  on  account  of  any 
*■  I  in  this  commonwealth,  such  person  shall  have  a  lien  «)n  such  ship  or  ves- 

>  .  apparel,  and  furnitun?,  to  secure  the  payment  of  such  debt;  which  lien 

^■  '  rri-d  to  all  others  thereon  except  marinera'  wages,  and  shall  outiuue  until 

Uic  di'bl  is  utttisfiod. 


188  SPECIAL   LAWS    OP'    MASSACHUSETTS. 

Such  lien  shall  be  dissolved  nnlesa  the  person  claiming  the  pam'^  Rhall  file,  within 
four  days  troiii  the  time  such  ship  or  vessel  shall  depart  Irom  the  port  af  which  the 
Was  when  the  debt  was  contracted,  in  the  office  of  the  clerit  of  the  city  or  town 
withhi  which  Pitch  ship  or  ve.ase]  was  at  the  time  the  debt  was  contracted,  h  statement, 
subscnbfd  and  sworn  to  by  himself;  or  eome  person  in  hi:*  behiilf,  givin<r  a  just  and  true 
account  of  the  demand  claimed  to  be  due  him,  with  all  just  credits,  and  als-o  the  name  of 
the  person  with  whom  the  contract  was  made,  the  name  of  the  owner  of  the  ship  or  ves- 
sel, if  known,  and  the  name  of  the  ship  and  vessel,  or  such  description  theieof.  as  shall  be 
sufhcient  for  identification  ;  which  statement  shall  be  recorded  by  said  clerk  in  a  book 
kept  by  him  for  that  purpose. 

Such  lien  may  be  enforced  by  petition  to  the  court  of  common  pleas,  or  by  process  of 
attachment,  in  a  civil  action  at  common  law. 

Any  number  of  persons  having  such  liens,  may  all  join  in  the  same  petition  or  lil)el  to 
enforce  their  respective  liens,  and  with  the  same  effect  as  if  the  claimants  had  severally 
p.  titioned  or  libelled  for  their  individual  liens  ;  and  each  petitioner  or  hbellant  so  joined 
may  be  a  witness  for  or  against  his  joint  petitioner  or  libellant,  but  not  in  his  own  case 

yv  hen  there  shall  be  money  dile  to  others  besides  the  petitioner,  provision  is  made  for 
citing  lu  all  parties  interested,  and  the  court  will  pass  such  order  or  decree  as  shall  be 
n.  ces^ry  to  prevent  the  enforcement  of  double  liens,  and  to  secure  the  ri«hts  of  all  par- 
ties.  The  proceeds  arising  from  the  sale  of  such  ship  or  vessel,  alter  deductinff  all  proper 
costs  and  expenses,  shall  be  distributed  among  the  several  claimants  to  the  amount  of 
tlieir  respective  chums  ;  provided,  that  when  such  proceeds  are  insufficient  to  sutisfy  the 
liens  of  ail,  those  having  liens  for  labor  shall  receive  a  percentage  on  their  respective 
clmins  one  third  greater  than  those  havin?  liens  lor  materials,  stores,  or  otlif  r  articles 

Such  hens  are  not  exclusively  within  the  jurisdiction  of  the  couite  of  tlie  state,  but  the 
same  may  be  enforced  in  the  courts  of  the  United  States. 


Chattel  Mortgages. 

No  raortgage  of  personal  property  hereafter  made  shall  be  valid  against  any  other  per 
son  than  the  parfles  thereto,  unless  possession  of  the  mortgaged  ))roperty  be  delivend 
to  and  retnined  by  the  mortgag"e,  or  unless  the  mortage  be  recorded  by  tlie  clerk  of  the 
town  where  the  mortcager  re>ides,  and  by  the  clerk  of  the  town  in  which  he  principidlv 
transacts .hw  busines.s,  or  follows  his  trade  or  calling  ;  but  it  is  not  necessary  that  a  mort- 
gMSe  of  a  ship  or  vessel  should  he  recorded. 

In  order  to  foreclose  for  a  breach  of  condition,  notice  in  writing  must  be  given  to  the 
mortgager  or  the  person  in  pos.«ession  of  the  property,  claiming  the  same,  of  an  inten- 
tion so  to  do  ;  find  the  right  of  the  mortgager  or  his  assigns  to  redeem,  is  not  forfeited 
xmtil  sixty  days  alter  such  notire  has  been  given  and  a  copy  of  the  same  has  been  re- 
corded ill  the  clerk's  office  where  the  mortgasie  is  recorded. 

If  any  mortgager  of  personal  property  shall  sell  or  convey  the  same  or  any  part  there- 
of  without  the  written  consent  of  the  mortgagee,  and  without  informing  the  person  to 
whom  he  may  sell  or  convey  that  the  same  is  mortgaged,  said  mortgager  shall  be  held 
guilty  of  a  inisdemennor,  and  shall  be  punishable  by  a  fine  hot  exceeding  one  hundred 
d.)!l.,rs,  or  by  impiisonment  in  the  common  jail  or  house  of  correction  for  a  term  not 
exceeding  one  year. 


Law  regulating  Contracts. 

No  action  shall  be  brought  in  any  of  the  following  cases  : — 

L  To  charge  an  executor,  adminisfrator.  or  assignee  in  insolvency,  upon  any  special 
promise,  to  answer  damages  out  of  his  own  estate;  2.  To  charge  any  person,  upon  any 
special  promise,  to  answer  for  the  debt,  default,  or  misdoing  of  another;  3.  To  <:hai''e 
any  person  upon  an  agreement  made  in  consideration  of  marriage ;  4.  Upon  any  con- 
tract f.r  the  sale  of  lands,  tenements,  or  hereditaments,  or  of  any  interest  in  or  concern- 
Ziig  them  ;  5.  Upon  any  agreement  that  is  not  to  be  performed  within  one  year  from  the 
making  thereof ;  unless  the  promise,  contract,  or  agreement,  upon  which  such  nction 
slitdl  be  brought,  or  some  memorandum  or  note  thereof,  shall  be  in  writing,  and  signed 
by  the  party  to  be  charged  therewith,  or  by  some  person  thereunto  by  him  lawfully  au 
thoriz"d.     The  consideration  for  such  promise  need  not  be  expressed  in  the  writing. 

IVo  action  fhall  be  brought  to  charge  any  person,  upon  or  bv  reason  of  any  represent- 
ation  or  assurance  made  concerning  the  character,  conduct,  credit,  ability,  trade,  or 
dealings  of  any  other  person,  unless  the  same  be  made  in  writing,  and  signed  hy  the 
par'y  to  be  charged  thereby,  or  by  some  person  thereunto  hy  him  lawfully  authorized. 

No  contract  for  the  sale  of  any  goods,  wares,  or  mcrchaudia>,  for  the  price  of  fifty  dol- 


SPECIAL   LAWS   OF    MASSACHUSETTS.  189 

Inrs  or  mofp.  fhali  l>o  ffood  or  vnlld,  unless  thR  purchaser  fhall  accppt  and  rccoivo  pnrt 
of  the  goods  i5o  Kolil,  or  give  somethina:  in  earnest  to  bind  \h"  b«r;L;ni!i,  or  in  part  pay- 
ment.  or  unless  some  not«;  or  ineiiiornndum  in  writing  of  the  bargain  be  made  iind  siciied 
by  the  party  to  be  charged  thereby,  or  by  sonne  person  theieunto  by  him  lawfully  au- 
thorized. 

All  contracts,  wntten  or  oral,  for  the  sale  or  transfer  of  any  certificate  or  other  eYidence 
of  debt  due,  by  or  from  the  United  States,  or  any  separate  state,  or  of  any  stocks,  or  of 
any  share  or  interest  in  fhcFtock  of  any  bank,  or  of  any  company,  city,  or  village,  incor- 
))orated  under  any  law  of  the  United  State?",  or  of  any  individual  state,  shall  be  absolutely 
void,  unless  the  party  or  parties  contracting  to  sell  or  transfer  the  same  shall,  at  the  timn 
ot  making  such  contract.  b<?  the  owner  or  assignee  thereof,  or  shall  be  duly  auth(  rizeil, 
by  »'<>me  person  who  is  the  owner  or  assigneo,  or  by  the  legally-authorized  agent  of  such 
owner  or  assignee,  to  sell  or  transfer  the  said  certiticale  or  other  evidence  ol  debt,  shur*, 
or  interest,  so  contracted  for. 


Limitation  of  Actions. 

Thr  following  actions  shall  be  commenced  within  six  years  next  after  the  cause  of 
action  shall  accrue,  and  not  afterward  : — 

1.  All  actions  of  debt,  founded  upon  any  contract  or  liability  not  under  seal,  except  such 
as  are  lirouL'ht  upon  the  jn(l<:ment  or  decree  of  some  court  of  record  ot  the  United  States, 
or  of  this  or  some  other  of  the  United  States  ;  2.  All  actions  upon  judgments  rendered 
in  any  court,  not  being  a  c«iurt  of  record  ;  3.  All  actions  for  arrears  of" rent ;  4.  All  ac- 
tions of  assumpsit,  or  upiui  the  case,  founded  on  any  contract  or  liability,  express  or  im- 
plied ;  5.  All  actions  for  wastt?,  and  lor  trespass  on  land  ;  6.  All  actions  of  replevin,  and 
nil  other  actions  for  taking,  detaining, or  injuring, goods,  or  chattels;  7.  All  other  actions 
on  the  case,  except  actions  for  slanderous  words  and  for  libels. 

All  acticms  for  assault  and  battery,  fal-e  imprisonment,  slanderous  words  and  libels, 
sh.ill  be  commenced  within  two  years  next  after  the  cause  of  action  shall  accrue. 

All  actions  acunst  sherifts.-for  the  negligence  or  misconduct  of  their  deputies,  shull  be 
commenced  within  four  years  next  after  the  cause  of  action  shall  accrue. 

None  of  the  forr>going  provisions  shall  apply  to  any  action  brought  on  a  promi-sory 
note  which  is  signed  in  the  presence  of  an  attesting  witness,  provided  the  action  l>e 
brought  by  the  original  payee  or  his  executor  or  administrator,  nor  to  an  action  brought 
upon  any  bills,  notes,  or  other  evidences  of  debt,  iwsued  by  any  bank. 

In  all  acfiotis  of  di;bt  and  assumpsit,  brought  to  recover  the  balance  due  upon  n  mu- 
tual and  o|)en  account,  the  cause  of  action  shall  bo  deemed  to  have  acciucd  at  the  time 
of  the  last  item  proved  in  such  account. 

If  any  person,  entitled  to  bring  any  of  the  actions  before  mentioned  in  this  act,  shall 
l)e,  at  the  time  when  the  cause  of  action  accrues,  a  minor,  a  married  woman,  insane,  im- 
prisoneil.  or  absent  from  the  United  States,  such  person  may  bring  them  within  the  times 
respectively  limited,  alter  the  dicability  shall  be  removed. 

AH  (M-rsonal  actions  on  any  contract  not  limit»'d  by  the  foregoing  sections,  or  by  any 
other  law  of  the  state,  shall  be  brought  within  twenty  years  after  the  cause  of  action 
accruer. 

In  the  eii«<»  of  an  alien,  the  time  during  which  hia  country  is  at  war  with  the  Uiiit<jd 
States  will  not  bo  cofiiput«;d. 

In  case  the  defendant  is  out  of  the  state,  the  time  of  stich  absence  is  not  to  be  com- 
puted. 

No  acknowledsment  or  promise  shall  be  evidence  of  a  new  or  continuing  c<intrnct, 
wiien  by  to  take  any  case  out  of  the  f)|)<>ration8  of  the  provisions  of  this  act,  unless  made 
or  continued  in  some  writinir  signed  by  the  party  to  b(!  chargeable  thereby. 

If  fine  ofs^-veral  debtors  make  such  promise,  it  shall  not  deprive  his  co-contracter  of 
the  l>en'  fit  of  the  proviritms  f»f  this  act. 

B'lt  the  provisions  contained  in  the  two  preceding  paracraphs  shall  not  alter,  take 
away,  or  lessen,  the  effect  of  a  payment  ot  pHncipal  or  interest  made  by  any  person. 

If  any  person  entitled  to  bring  any  of  the  actions  btjfore  mentioned,  or  liable  to  any 
STi'li  action,  shall  die  before  an  action  would  be  barred,  or  within  thirty  days  after,  and 
if  th"  rnus'^  of  action  by  law  survives,  thr  action  may  be  commenced  by  or  against  the 
ev.  ni'or  or  administrator  of  the  deceased,  at  any  time  within  two  years  afUu'tlie  grant 
>><  I'ttrtu  f'stiimentary,  or  »f^fmini«tration. 

it  ntiy  ncfi.n  commenced  in  due  time  *hull  fail  for  want  of  sufflcient  service,  without 
f"ii!t  o!  the  plnintitf,  or  if  the  writ  is  abated  or  defeated  by  the  death  of  any  party,  or  for 
any  rnwtter  ot  form,  or  if  after  a  verdict  for  the  plaintifT,  the  judgment  shall  be  arrested, 
or  if  a  jihlguient  for  the  plaintiff  shall  Ite  reversed  on  a  writ  of  error,  the  plaintiff' may 
c<mi:nence  «  new  action  fi»r  the  same  cause,  at  any  time  within  one  year  after,  and  if  the 


190  SPECIAL   LAWS   OF    ?.1ASSACHUSETTS. 

cmse  of  action  survive?,  his  executor  or  administrntor  may  commence  an  nction  witliln 
the  same  oue  year. 

If  any  person  who  is  liable  to  any  of  the  notions  aforesaid  thall  fraiuhilenfly  conceal 
the  cause  of  action  from  the  party  entitled  thereto,  the  action  may  be  cnmmeneed  at  any 
tune  within  six  years  alter  the  person  entitled  to  bring  the  same  shall  discover  that  ha 
has  such  cause  of  action. 

The  limitations  hereinbefore  prescribed  for  the  commencf>mont  of  actions,  apply  to 
actions  when  brought  in  the  name  of  the  commonwealth,  or  otherwise  for  the  bent  lit  of 
the  commonwealth. 

All  suits  fur  any  penalty  or  forfeiture,  on  any  penal  statute  brought  by  any  person,  to 
whom  the  pemdty  or  forfeiture  is  given  in  whole  or  in  part,  shall  be  commenced  within 
one  year  after  the  offence  committed  ;  but  a  suit  for  a  penalty  or  forfeiture  brought  by 
or  in  b-hnlf  of  the  commonwealth,  may  be  brought  at  any  time  within  two  years  alter 
thi>  olhnce  committed,  and  not  afterward. 

No  one  shall  commence  an  action  IV.r  the  recoveiy  of  lands,  or  make  entry  thereupon, 
unless  within  twenty  years  after  the  right  to  make  such  entry  or  bring  such  action  lirst 
necriied,  or  within  twenty  years  after  he  or  those  from,  by,  or  under  whom  he  claims, 
shall  have  been  seized  or  possessed  of  the  premises. 

If  any  person  entitled  to  such  entry  or  action,  shall  be.  at  the  time  when  such  right  of 
entry  or  of  action  first  accrues,  a  minor,  a  married  woman,  insane,  imprisoned,  or  ab- 
sent from  the  United  States,  such  person  or  any  one  claiming  from,  by,  or  under  him 
may  make  the  entry  or  bring  the  action  at  any  time  within  ten  years  after  such  disabil- 
ity shall  be  removed. 

If  any  minister  or  other  sole  corporation  shall  be  disseized,  any  of  his  successors  may 
enter  upon  the  premises,  or  may  britig  an  action  for  the  recovery  ther(;of,  at  a?iy  time 
within  five  years  after  the  death,  resignation,  or  removal,  of  the  person  so  dis.^eized,  not- 
withstanding the  twenty  years  after  such  disseizin  shall  have  expiri^d. 

No  executor,  administrator,  or  administrator  dc  bonis  nxm,  who  has  given  legal  notice 
of  his  appointment  to  that  trust,  shal  be  held  to  answer  to  the  suit  of  any  creditor  of  the 
^'■ceased,  unless  commenced  within  two  years  from  the  time  of  his  giving  bond,  provi- 
ded, however,  if  new  assets  are  found,  such  action  may  be  ccnnmenced  within  one  year 
after  the  creditor  shall  havn  notice  of  the  receipt  of  such  now  assets,  but  not  more  than 
two  years  after  the  same  shall  be  actually  received. 

Actions  against  the  sureties  in  any  bond,  given  by  the  guardian  of  minors,  insaue-per- 
sons,  idiots,  spendthrifts,  must  be  commenced  within  four  years  from  the  time  when  tho 
guardian  shall  be  discharged. 


Collection  of  Debts. 

Arrest.-  /mprisonment  for  debt  is  for  ever  abolished  ;  but  wilful  and  intentional  woa. 
lect  to  apply  property,  not  exempt  from  attachment  on  execution,  to  the  payment  of  a 
debt,  IS  considered  as  a  fraud,  and  is  punishable  as  provided  in  act  of  May  21,  1855. 

If  the  plaintiff  in  any  suit,  or  any  person  in  his  belialf,  after  execution  is  issued  amount- 
ing to  twenty  dollars,  exclusive  of  costs,  and  while  twenty  dollars,  exclusive  of  co-ts 
remains  uncollected  thereon,  shall  make  oath,  and  prove  to  the  Fatislaction  of  any  jusl 
tice  of  any  court  of  record,  or  of  any  police  justice,  judge  of  probate,  commissioner  of 
insolvency,  or  master  in  chancery— 1.  That  he  believe.*,  and  has  reason  to  believe,  that 
the  defendant  has  property,  not  exempt  from  being  taken  on  execution,  which  he  does 
not  intfnid  to  apply  to  the  payment  of  the  plaintiff's  claim  ;  or,  2.  That  since  the  debt 
was  contracted,  or  the  cause  of  action  accrued,  the  del)tor  has  traudulontly  conveyed  or 
concealed,  or  otherwise  disposed  of  his  estate,  or  some  part  thereof,  with  a  design  to 
secure  the  same  to  his  own  use,  or  to  defraud  his  creditors  ;  or.  3.  That  since  the  debt 
was  contracted,  or  the  cause  of  action  accrued,  he  has  hazarded  and  paid  money  or 
other  property  to  the  value  of  one  hundred  dollars  or  more,  in  some  kind  of  cainiii^ 
prohibited  by  the  laws  of  the  commonwealth  ;  or,  4.  That  he  has  wilfully  expended  his 
goods  and  estate,  or  some  part  thereof,  for  the  purpose  of  enabling  himself  to  swear 
that  he  has  not  any  estate  to  the  amount  of  twenty  dollars,  except  such  as  is  exeinp'ed 
Irom  being  taken  on  execution  ;  or,  5.  If  the  action  was  found.-d  on  contract  tiiat 
the  tiehtor  contracted  the  debt  with  an  intention  not  to  pay  the  same,  the  plaintiff's 
afhdavit  shall  be  indorsed  upon  the  execution,  with  the  certificate  of  the  magistrate  tlmt 
he  IS  satisfied  that  there  is  reasonable  cause  to  believe  thattlje  charges,  or  either  of  them 
specifying  which,  are  true,  then  and  not  otherwise,  the  execution  may  be  served,  by  the 
arrest  of  the  body.  II  the  execution  be  issued  by  a  jiistic(;  of  the  peace,  the  affidavit  may 
be  made  before  him,  and  the  certificate  grantt^d  by  hira,  and  the  form  of  execution  shall 
be  the  same  as  now. 

The  debtor,  as  soon  as  he  is  arrested,  shall  be  informed  by  the  officer  of  all  his  rights 


SPECIAL    LAWS    OF    MASSACHUSETTS.  191 

under  this  net,  and  ho  ehall  have  reasonable  time  to  procure  sureties  b('1"ore  being  car- 
rii'd  before  ihe  magistrate. 

No  p'Tson  shall  be  arrestt^d  on  mesne  process  in  any  action  of  rontrnct,  unless  tlio 
plaintiff,  or  some  one  in  bis  bebalt,  sliall  make  oath,  to  the  satisfaction  ot  some  justice 
of  a  court  of  record,  polico  justice,  judg-;  of  probate,  commissioner  nf  insolvency,  or 
l^a^ter  in  chancery,  that  he  has  pood  cauSe  of  action,  and  a  reasonable  expectation  of 
rrcoveiing  a  sum  amounting  to  twenty  dollars  ;  that  he  believes,  and  has  srood  cause  to 
b<  lieve,  the  defendant  intends  to  leave  the  staU?,  so  that  execution,  if  obtained,  CiHi  not 
bf-  served  upon  him  ;  and  that  he  believes  the  defendant  has  property  not  exempt  from 
b<ing  taken  in  execution. 

No  arrest  shall  be  made  after  sunset,  unless  specially  authorized  by  the  magistrate 
nuiking  the  certiticate.  And  no  womau  shall  be  arrested  in  any  civil  process  except  for 
fc.rt. 

Attachmknt. — All  real  estat»^s  that  are  liable  to  be  taken  in  execution  may  be  at- 
tached upon  the  original  writ  in  any  action  in  which  any  debt  or  djtmages  are  recovera* 
dL-  and  hi'ld  as  security  to  satisfy  such  judgment  as  the  plaintitf  may  recover. 

All  gooiis  and  chattels  that  are  liable  to  be  taken  in  execution,  may  be  attached  and 
held  as  security  as  aforesaid,  except  such  as  from  their  nature  or  situation  have  been 
ronsidered  as  exempted  from  attachment  according  to  the  principles  of  the  common 
tew  as  adopted  and  practised  in  this  state.  Attachments  are  dissoluble  by  giving  bonds, 
with  sureties,  to  pay  judgment 


Deeds. 

CoNVF.TANCFS  of  land,  or  of  any  estate,  or  interest  therein,  may  be  made  by  deed,  ex- 
ecuted by  any  person  having  authority  to  convey  the  same,  or  by  his  attorney,  and  ac- 
knowledged and  recorded  as  directed  in  this  act,  without  any  other  act  or  ceremony 
whatsofver. 

Th<'  Mcknowlodgment  of  deeds  shall  be  by  the  grantor,  or  one  of  them,  or  by  the  attor- 
n<y  »  xrcuting  tbe  samt'. 

Thf  acknowlftdcmeiit  may  be  made  before  any  justice  of  tbe  peace  in  this  state,  or  be- 
fotp  any  justice  of  the  peace,  magistrate,  or  notary  public,  within  the  Unit«-d  t^tato-s  or 
in  any  foreicn  country,  or  before  any  commissioner  appointed  for  that  purpose  l)y  the 
;,'  '%«'rnor  of  this  commonwealth,  or  b«fore  any  minister  or  consul  of  the  United  States  in 

V  foreign  country. 

A  certiticate  of  the  acknowledffment  of  the  deed,  under  the  hand  of  the  officer  taking 
Slime,  shall  be  endorsed  upon  the  deed  or  annexed  thereto ;  and  such  deed  and  cer- 
ate may  be  recorded  at  length  in  the  registry  of  deeds  for  the  county  where  tbe  lands 
iind  no  deed  shall  be  recorded  without  such  certificate. 

Ill  this  stat«^  a  si-al  is  necessary.     The  wife  of  a  grantor  need  not  be  separately  oxam- 

■  i ;  it  is  sufficient  to  bar  her  dower,  if  she  join  her  hu8l)and  in  the  deed,  and  thereby 

'laies  that  slje  releases  her  right  to  dower  in  tiie  granted  premises. 


Rights  of  Married  "Women. 

[Thk  following  "Act  to  protect  the  property  of  married  women"  was  approved  May  5, 

and  is  the  law  regulating  the  control  of  the  property  of  women  married  since  that 

The  previous  act  of  1845  is  essentially  different  in  many  of  its  provisions,  but  howr 

rights  acquired  or  limited  under  that  act  are  modified  or  repealed  by  the  present 

t,  it  is  not  our  province  to  decide  ;  they  must  be  determined  by  legal  opinion,  on  ac- 

Closes  involvinif  controverted  points,  or  the  decisions  of  the  courts. 

le  property,  both  real  and  personal,  which  any  woman  who  may  hereafter  be  mar. 

d  in  this  commonwealth  may  own  at  the  time  of  her  marriage,  and  tbe  rents,  issues, 

Ipnifil*.  and  proci-eds  thereof,  and  any  real  or  personal  property  winch  shall  come  to  her 
by  <le-»ccnt,  deviw,  or  Ix^quest,  or  the  gift  of  any  p«Tson  except  her  husband,  shall  remain 
■  sole  and  separate  prop^-i  ty,  nc.twithstanding  her  marriage,  and  not  be  subject  to  Iho 
pooal  of  her  husbnnd.  or  liable  for  bin  debts, 
rbfj  hudbnnd  of  any  woman  hereafter  married  In  this  commonwealth  shall  not  bo  lia- 
t'»  Im?  sued  for  any  caus*'  of  action  which  originated  agiiinst  her  beforn  marriage; 
t  ^he  shall  \tr  liable  to  la»  sued  for  the  same  as  if  she  were  sole,  and  her  property  shall 
Hulde  to  be  Httnched  and  taken  on  execution  in  the  same  manner. 
iuy  Woman  hereafter  married  may,  while  married,  bargain,  sell,  and  convey,  her  real 


192  SPECIAL   LAWS   OF   MASSACHUSETTS. 

mnmif-r  as  if  ehfe  were  sole  ;  but  no  conveyance  of  any  real  property  (oxcppt  a  lease  for 
ji  feim  not  exceeding  one  year),  and  no  conveyance  of  any  eharea  in  any  corporation, 
sliall  be  valid  without  the  assent  in  vvrritii.g  of  her  husband,  except  vt'ith  the  consejit  of 
one  ot  the  judges  of  the  supreme  judicial  court,  or  of  the  court  of  common  plea?,  or  the 
judge  ot  probate,  to  be  granted,  on  her  petition,  in  any  county,  on  account  of  the  sickness, 
tiisamty.  or  absence  from  the  commonwealth,  of  her  husband,  or  other  <;ood  cause*  and 
her  husband,  it  withm  the  commonwealth,  shall  have  such  notice  of  the  petition  as  the 
judge  or  court  may  order.  This  petition  may  be  presented  to,  and  granted  by,  any 
huch  judge  in  vacation,  as  well  as  in  term  time. 

Any  w<,man  hereafter  to  be  married  may,  while  married,  sue  and  be  sued  in  all  mat- 
ters having  relation  to  her  property  in  the  same  manner  as  if  she  were  sole. 

Any  woman  hereafter  married  may,  while  married,  make  a  will ;  but  such  M'ill  shall 
Jiot  deprive  her  husband  of  his  rights  as  tenant  by  the  courtesy,  and  she  shall  not  bequeaih 
away  Irom  him  more  than  one  half  of  her  personal  property  without  his  consent  in  wii- 
ting ;  and  any  woman  now  married  may  make  a  will  of  her  real  estate,  which,  however, 
shall  not  deprive  her  husband  of  his  rights  as  tenant  by  the  courtesy. 

The  real  estate  and  shares  in  any  corporation  standins  in  the  name  of  any  marnV^d  wo- 
man, which  were  her  property  at  the  time  of  her  marr^pge,  or  which  have  since  be- 
come, or  may  hereafter  becomis  her  property,  by  virtue  of  any  devise,  or  bequest,  or 
gift  from  any  person  except  her  husband,  shall  not  be  liable  to  be  taken  on  any  execu- 
tio!i  against  him  ior  any  debt  hereafter  to  be  contracted,  or  any  cause  of  action  hereafter 
arising. 

Any  married  woman  may  cany  on  any  trade  or  business,  and  perform  any  labor  or 
services,  on  her  own  sole  and  separate  account;  and  the  earnings  of  any  married  wo- 
man, li-om  her  trade,  business,  labor,  services,  shall  be  iier  sole  and  separate  property, 
and  may  bo  used  and  invested  by  her  in  her  own  name  ;  and  she  may  sue  and  be  sued 
as  if  sole  in  regard  to  her  trade,  business,  services,  and  earnings ;  aiid  her  property  ac- 
quired by  lier  trade,  business,  and  servict  s,  and  the  proceeds  thereof,  may  be  t«ken  on 
any  execution  against  her. 

Any  woman  who  shall  have  been  married  out  of  this  state  shall,  if  her  husband  after- 
ward become  a  resident  within  this  commonwealth,  retain  all  the  rights  as  to  property 
which  she  may  iiavc  acquired  by  the  laws  of  any  other  state  or  country,  or  which  she 
may  have  acquired  by  virtue  of  any  marriage  contract  or  settlement  made  out  of  this 
connnonvveath. 

Nothing  in  this  act  contained  shall  invalidate  any  marriage  settlement  or  contract  now 
made  or  to  be  hereafter  made. 

DowKR.— Every  woman  shall  be  entitled  to  her  dower  at  common  law  in  the  lands  of 
her  husband,  to  be  assigned  to  her  after  his  decease,  unless  she  is  lawiully  barred  thereof. 

A  married  woman  may  bar  her  right  of  dower  in  any  estate  conveyed  by  her  Husband, 
by  joining  with  him  in  the  deed  conveying  the  same,  and  releasing  her  claim  to  dower, 
or  by  rcl.'asing  the  same  by  a  subsequent  deed  executed  jointly  with  her  husband,  or 
with  his  guardian  :  also  by  a  jointure  of  freehold  estate  in  lands  for  the  life  of  the  wife 
at  least,  and  to  take  elTect  in  possession  or  profit  immediately  on  the  death  of  her  hus- 
banil ;  and  also  by  a  provision  in  the  wiil  of  her  husband  in  lieu  of  dower,  at  her  election 
within  six  months  atter  probate  of  the  will. 


Rate  of  Interest. 

3nt.     When  the  defence  of  usu 

s,  and  the  plaintiti' shall  forfeit  l...._. „  „.  „_ 

interest  unlawfully  reserved  or  taken.  The  party  paying  usurious  interest  may  recover 
back  threefold  the  amount  of  tlie  unlawful  interest  so  paid. 


The  legal  rate  is  six  per  cent.     When  the  def.<nce  of  usury  is  established,  the  defend- 
ant shall  recover  his  fidl  costs,  and  the  plaintitf  shall  forfeit  threefold  the  amount  of  the 


Wills. 


Wills  must  be  in  writing,  and  signed  by  the  testator,  or  by  some  other  person  in  his 
prt'srnce  and  by  his  express  direction,  and  attested  and  subscribed  in  the  presence  of 
the  testator  by  three  or  more  competent  witnesses. 


SPECIAL    LAWS    OF    RHODE    ISLANI>. 


193 


RHODE    ISLAND. 

CoDstitudon  adopted,  1842.— Square  Mfles,  1,340.— Population  in  1850,  1 17,543. 

Exemptions. 

Thk  household  furniture  and  family  stores  of  a  hcuso' 
keeper  shall  not  be  liable  to  attachment  on  any  warrant  of 
distress,  or  on  any  writ,  original  or  judicial  :  provided,  the 
whole,  including  beds  and  bedding,  do  not  exceed  in  value 
the  sum  of  two  hundred  dollars.  Neither  shall  the  neces- 
sary wearing-npparel  of  such  housekeeper  and  his  family, 
nor  one  cow ;  nor  one  hog  ;  nor  his  working  tools  neces- 
sary for  his  usual  occupation ;  provided,  the  said  tools  do 
not  exceed  In  value  the  sum  of  fifty  dollars;  neither  shall 
the  working  tools,  not  exceeding  in  value  the  sum  of  fifty 
dollars,  nor  the  necessary  wearing-apparel  of  any  debtor, 
be  liable  to  distress  or  attachment 


H 

M^a 

Mechanics'  Lien. 

Whe>-evk«  an3  euilding,  canal,  turnpike,  railroad,  or  other  Improvement,  shall  be 
lonstructed,  erected,  or  repaired,  by  contract  with,  or  at  the  request  of  the  owner  there- 
of, puch  owner  being  at  the  time  the  owner  of  the  land  on  which  the  same  tlien  is,  such 
building,  canal,  turnpike,  railroad,  or  other  improvement,  together  with  the  said  land  is 
hereby  made  liable,  and  shall  stand  pledged  for  all  the  work  done  in  the  constniction, 
erection,  or  reparation  thereof,  which  have  been  furnished  by  any  person  who  had  con- 
tracted or  been  requested  as  aforesaid,  to  construct,  erect,  or  repair  the  same,  before 
any  other  lien  which  shall  originate  subsequent  to  the  commencement  of  such  erection, 
eonstnictiua,  or  reparation,  on  such  land- 
When  such  construction  or  reparation  is  done  by  contract,  with,  or  at  the  request 
of  any  lessee  or  tenant,  the  interest  and  title  of  such  lessee  and  tenant  in  the  im- 
provement and  the  land  on  which  the  same  is  located,  shall  stand  pledged  for  all  the 
work  done  and  materials  used  and  furnished,  but  not  the  interest  of  the  landlord  unless 
his  written  consent  is  first  obtained  assenting  to  such  construction,  erection,  or  repara- 
tion, and  acknowledging  his  estate  to  be  also  holden  for  the  payment  thereof. 

So  also  the  buildings  and  improvements  and  the  estate  in  the  land  of  one  who  is  the 
owner  of  less  than  a  freehold  in  the  land,  shall  be  pledged  for  the  work  done  and  mato- 
rials  furnished,  but  not  the  estate  of  the  owner  in  fee  ot  the  land,  unless  his  written  con- 
aciit  is  fir8t  obtained  assenting  to  such  construction,  erection,  or  reparation,  and  acknowi- 
edging  his  estate  to  be  also  holden  for  the  payment  thereof 

If  tlie  work  be  done  under  a  written  contract,  then  the  hen  shall  bo  lost  unless  legal 
process  be  commenced  tor  enforcing  the  same  within  four  months  from  the  time  that 
any  payment  on  such  contract  shall  )>ecome  due,  if  such  payment  shall  not  then  be  made. 

No  person  doing  work  or  furnishing  materials  without  written  contract,  shall  have 
any  lien  unless  he  shall  commence  legal  process  for  enforcing  the  same  within  six 
months  from  the  time  of  commencing  such  work,  or  of  commencing  the  delivery  of 
DiHterials  it  payment  for  the  same  shall  not  then  be  made. 

No  person  doing  work  at  the  request  ot  any  person  who  had  entered  Into  a  contract, 
wh>>tber  in  writing  or  not,  shall  have  any  lirn  unless  he  shall  within  thirty  days  after 
commencing  the  work,  give  notice  in  writing  to  the  person  against  whose  estate  or  title 
'tie  claims  alien,  that  he  has  commenced  the  work  and  that  he  will  claim  the  benefit  of 
f  the  lien  created  by  this  act  But  this  lien  will  be  lost  unless  such  person  shall,  within  four 
months  from  time  of  giving  such  notice,  commence  legal  process  to  enforce  such  hen 

'fhe  commencement  <jf  legal  process  to  enforce  such  Hen  shall  be  the  lodging  the  ac- 
count or  demand  for  which  the  lien  is  claimed,  in  the  oftico  of  the  clerk  of  the  town  or 
towu«  in  which  the  improvement  iu  situate,  with  notice  to  what  building,  Slc^  and  land, 
•>id  to  what  or  whose  e8tat«»  therein  the  account  or  demand  refers. 

Twenty  days  before  the  term  of  the  court  of  common  pleas,  in  the  county  or  coun- 
'  ties  in  whirh  thn  huilrljng-,  Sec.,  shall  lie,  which  shall  be  holden  not  less  than  twenty  dava 
liext  h!  M<>nt  of  legal  process  aforesaid,  the  person  so  commencing  the 


»ame  r 
ol  bu   . 

UeO  may  m-  luiorcei 

DiAnd,  and  all  other  demands  for  which  it  is  liable. 


Ill  the  clerk's  olfice  of  said  court,  setting  forth  the  particulars 

particularly  the  building,  &.C.,  and  land,  and  praybig  that  the 

ist  the  same,  and  that  the  same  Lo  sold  to  satisfy  the  s»!d  da 

lor 


17 


Hill  liMli.   ^ 


'•^     11011    IHalli. 


mS 


196 


SPECIAL    LAWS    OF    RHODE    ISLAND 


Chattel  Mortgages. 


No  mortgage  of  personal  property,  hereafter  innde,  shall  be  valid  against  any  other, 
person  than  the  parties  thereto,  unless  possession  of  the  mortgaged  property  be  lieliv- 
ered  to,  and  retained  by  the  mortgagee,  or  unless  the  said  mortgage  be  recorded  in  the 
office  of  the  clerk  of  the  town  where  the  mortgager  shall  reside  at  the  time  of  making 
the  same. 


Law  regulating  Contracts. 

No  action  shall  be  brought  whereby  to  charge  any  executor  or  administrator  upon  his 
special  promise  to  answer  any  debt  or  damage  out  of  his  own  estate,  or  whereby  to 
charge  the  defendant  on  his  special  promise  to  answer  for  the  debt,  default,  or  miscar- 
riage of  another  person,  or  to  charge  any  person  upon  any  agreement  made  upon  consid- 
eration of  marriage,  or  upon  any  contract  for  the  sale  of  lands,  tenements,  or  heredita- 
ments, or  the  making  of  any  lease  thereof  for  a  longer  term  than  one  year,  or  upon  any 
agreement  which  is  not  to  be  performed  within  the  space  of  one  year  from  the  making 
thereof,  unless  the  promise  or  agreement  upon  which  such  action  shall  be  brought  or 
eome  note  or  memorandum  thereof  shall  be  in  writing  and  signed  by  the  party  to  be 
charged  therewith,  or  by  some  other  person  by  him  thereunto  lawfully  authorized. 


Limitation  of  Actions. 

All  actions  of  trespass,  detinue  or  replevin  :  all  actions  of  accoimt,  and  upon  the  case, 
except  on  such  accounts  as  concern  trade  or  merchandise  between  merchant  and  mer- 
chant, their  factors  or  servants  ;  all  actions  of  debt  founded  on  any  contract,  without 
epeciality ,'  all  Hctions  of  flobt  for  arrearages  of  rent;  actions  of  debt  for  other  causes, 
and  all  actions  of  covenant,  shall  be  commenced  and  sued  within  the  time  hereinafter 
directed,  namely  :  — 

The  said  actions  upon  the  case,  except  actions  for  slander,  and  the  said  actions  of  ac- 
count, and  the  said  actions  for  debt,  founded  upon  any  contract  without  epeciality.  oi 
brought  for  arrearages  of  rent,  and  all  actions  of  detinue  or  replevin,  shall  be  com- 
menced within  six  years  after  the  cause  of  the  said  actions;  the  said  actions  of  trespass, 
and  trespass  and  ejectment,  within  four  years  next  after  the  cause  of  such  action  ; 
and  actions  upon  the  case  for  words,  within  two  years  next  after  the  words  spoken ;  all 
actions  of  debt  other  than  those  before  specified,  and  all  actions  of  covenant,  within 
twenty  years  next  after  the  cause  of  said  actions. 

If  any  person,  against  whom  there  shall  exist  any  of  the  causes  of  action,  aforesaid, 
be  without  the  limits  of  this  state  or  shall  go  out  before  the  action  is  barred,  and  shall 
not  have  or  leave  property  or  estate  tlierein  that  can  be  -attached,  the  person  entitled  to 
Buch  action  may  commence  the  same  within  the  time  before  limited  after  such  person'* 
return  into  the  state. 

If  any  p(^r»i»)n  at  the  time  any  such  action  shall  accrue  to  him,  shall  be  a  minor,  femmt 
emart,  non  compos  mentis,  imprisoned,  or  beyond  the  limits  of  the  United  States,  such 
person  may  bring  the  same  within  such  time  as  is  hereinbefore  limited,  after  such  tm- 
pediraent  is  removed. 


Collection  of  Debts. 

Arrrst  and  Attachment. — In  this  state  there  is  no  exemption  from  arrest,  except  In 
the  case  of  a  female.  By  the  revised  laws  it  is  provided  that  every  original  writ  issued 
ag(}inst  a  female  founded  on  a  contract  not  under  seal  shall  be  a  writ  of  summons  and 
not  of  arrest,  that  no  execution  shall  issue  against  the  body  of  any  female  on  any  Judg- 
ment founded  on  contract  not  under  seal,  where  the  debt  or  damages  recovered  do  not 
exceed  the  sum  of  fifty  dollars  ;  but  she  may  be  arrested,  if  the  instrument  be  under 
Beal.  for  any  sum.  ,  ,  .    „  ,.    j  „ 

It  is  also  provided  that  wherever  a  writ  authonzmg  an  arrest  shall  be  delivered  to  an 
olBcer  for  service,  he  shall  use  his  best  endeavors  to  arrest  the  body  of  the  defendant, 
but  if  such  oificer  can  not  tind  the  body  of  the  deiendant  within  his  precinct,  he  shall 
attach  his  goods  and  ckflttols  to  the  value  commanded  in  the  writ ;  and  that  when  he 
•hall  attach  any  goods  or  chattels  on  original  writ,  he  shall  keep  the  same  in  hi*  handa 
as  security  to  satisfy  such  judgment  as  the  plaintiff  may  recc/ver. 


SPECIAL    LAWS    OF    RHODE    ISI.AND  197 

Deeds. 

No  estate  of  inheritance  or  freehold,  or  for  a  term  exceeding;  one  year  in  lands  or  ten- 
ements, shall  be  conveyed  from  one  to  another  by  deed  unless  the  same  be  in  writing 
signed,  sealed,  and  delivered  by  the  party  making  the  same,  and  acknowledged  before 
a  senator,  judge,  justice  of  the  peace,  public  notary,  or  town-clerk,  by  the  party  or  par- 
ties who  shall  have  sealed  or  delivered  it,  and  recorded  or  lodged  to  be  recorded  in  th«» 
office  tf  the  town-clerk  of  the  town  where  the  said  lands  or  teuenrents  lie. 

Any  conveyance  of  lands  witliin  this  state,  or  any  instrument  relating  thereto,  execu- 
ted without  the  limits  of  this  state  and  within  the  United  States,  may  be  acknowledged 
before  any  judge,  justice  of  peace,  mayor,  or  public  notary,  in  the  state  where  the  same 
U  executed ;  and  if  without  the  limits  of  the  United  States,  before  any  embassador, 
minister,  charge  de  attairee,  recognised  consul,  vice-consul,  or  commercial  agent  of  the 
United  States,  in  the  country  in  which  such  deed  or  instrument  is  executed. 

A  married  woman  may  bar  her  right  of  dower  in  any  estate  conveyed  by  her  husband, 
by  joining  with  him  in  the  deed  conveying  the  same,  and  therein  releasing  her  claim  to 
dower  or  by  releasing  the  same  by  subsequent  deed  jointly  with  her  husband,  or  by 
joining  in  a  deed  given  by  a  guardian  of  her  husband. 

The  wife  acknowledging  a  deed  shall  be  examined  privily  and  apart  from  her  husband ; 
wid  shall  declare  to  the  officer  taking  such  acknowledgment  that  the  deed  or  instrument 
shown  and  explained  to  her  by  such  magistrate  is  her  voluntary  act,  and  that  she  doth 
not  wish  to  retract  the  same. 

Form  of  Acknowledgment. 
State  of  Rhode  Island,     )  _,„  _„ 

County  of  Proridence,    J    *°  ^'^ 

On  ibia  tirUenth  day  of  April,  one  thousand  eight  hundred  and  JIfty-one,  before  me,  ner- 
•onally  appeared  John  Doe,  and  Susan  Dob  hit  wife,  and  severally  acknowledged  the  fore- 
going instalment  to  be  Uicir  free  and  voluntary  act  and  deed;  nnd  the  $oid  Susan,  on  a 
pritaU  eraminalion,  $ep<irate  and  apart  from  her  husband,  declared  to  me,  that  the  foregoing 
instrument,  then  by  me  ihown  and  erjilained  to  her,  it  her  /re4and  voluntary  act  nnd  deed,  and 
that  ihe  doth  not  with  to  retract  the  tame.  JOHN  JONKS,  (seal) 

Jvttiee  of  the  Peace 

It  \m  requisite  that  a  seal  be  use  in  this  state. 


Rights  of  Married  "Women, 

TiTE  real  estate,  chatt^'ls  real,  household  furniture,  plate,  jewels  stock,  or  shares  In  tho 
capital  stock  of  any  incorpomted  company  of  this  state,  or  debts  secured  by  mortgage  on 
projxirty  within  this  state,  which  are  the  property  of  any  woman  before  marriage,  or 
which  may  become  the  property  of  any  woman  after  marriage,  shall  be,  and  are  hereby 
■o  far  secured  to  her  sole  and  separate  use  that  the  aame  and  the  rents,  profits,  and  in- 
come thereof^  shall  not  be  liable  to  be  attached  or  in  any  way  taken  for  the  debts  of 
ber  husband,  either  before  or  after  his  death. 

Any  policy  of  insurance  made  by  any  insured  comj)any,  on  the  life  of  any  person,  ex- 
pressed to  1)«  for  the  benefit  of  a  married  woman,  whether  the  same  be  eSectcd  by  her- 
self or  by  her  husband,  or  by  any  other  person  ou  her  behalf,  shall  enure  to  her  sepa- 
rate use  and  l>on»"fit  and  that  of  her  children,  if  any,  indept-ndcntly  of  her  husband  and 
of  his  crrditors  and  representatives,  and  also  independently  of  any  other  person  effect- 
ing the  same  on  her  behalf,  his  creditors  and  representatives,  and  a  trustee  or  trustees 
may  \ye  appointed  by  any  c<jurt  authorized  to  appoint  trustees,  to  hold  and  manage  the 
Interest  of  any  married  woman  in  any  such  policy  or  the  proceeds  thereof.  Provided, 
kowrvrr.  that  the  provisions  of  this  net  shall  not  apply  to  any  policy  upon  which  the 
■mount  of  annual  premium  shall  exceed  the  sum  of  three  hundred  dollars. 

DowKR. — The  widow  of  any  person  shidi  be  endowed  of  one  full  and  equal  third  part 
of  all  the  lands,  tenements,  and  hereditamenu,  whereof  her  husband  or  any  other  to  his 
Qse,  was  seized  of  an  estate  of  inheritance  at  any  time  during  the  intermarriage. 


Rate  of  Interest 

Tub  U»gal  rate  of  Interest  Is  six  per  cent.    In  an  action  brought  upon  a  usurious  cot> 
tract,  the  plaintiff  can  recover  tho  principid,  with  legal  intcrf;«t  and  costs  of  suit 


TViUs. 


WfLts  mast  be  In  writing,  signed  by  the  testator  or  by  some  person  In  his  presence, 
tr)r,  by  bi»  express  direction,  and  attested  and  subscribed  In  the  presence  of  tho  tosla- 
and  by  tbree  or  more  compettsot  witness«>a 

17* 

4 


200  SPECIAL    LAWS    OF    CONNECTICUT. 

CONNECTICUT. 

Constitution  adopted,  1818— Square  Miles,  4,764.— Population  ia  1850,  371,9821 

Ezemptdons. 

There  is  exempt  from  snle  on  execution  the  wrnnng 
t  •pparel,  bedding  and  household  furniture  necessary  for  swp- 

gortin;?  life ;  arms,  military  equipments  ;  implements  of  the 
ebtor's  trade ;  one  cow ;  sheep  not  exceeding  ten  ;  two 
swine,  and  the  pork  produced  from  two  swine,  or  two 
swine,  and  two  hundred  pounds  of  por^,  being  the  property 
of  one  person  :  charcoal  not  exceedinfr  twenty-five  bushels  ; 
any  quantity  of  coal,  other  than  charcoal,  not  exceeding  two 
tons ;  wheat-tlour,  not  exceeding  two  hundred  pounds 
weight:  wood,  not  exceeding  two  cords  ;  hay,  not  exceed, 
ing  two  tons;  beef,  not  exceeding  two  hundred  pounds; 
fish  not  exceeding  two  hundred  pounds ;  potatoes  or  tur- 
nips, not  exceeding  five  bashels  each  ;  Indian  com  or  rye, 
not  exceeding  ten  bnsh«'ls  of  each,  and  the  meal  or  Sour  n>anufactured  therefrom  ;  wool 
or  flax,  not  exceeding  twenty  pounds  weight  of  each,  or  the  yarn  or  cloth  made  there- 
from ;  one  stove,  and  the  pipe  belonginj;  thereto,  being  the  property  ot  any  one  jjerson 
having  a  wife  or  family  ;  the  horse,  saddle,  and  bridle,  of  any  practising  piiysician  or 
surgeon,  of  a  value  not  exceeding  one  hundred  dollars;  and  one  pew,  being  the  prop- 
erty of  any  person  or  persons  having  a  family,  v»bo  ordinarily  occupy  the  same ;  and 
the  burial-place  of  any  person  or  family. 


Mechanics'  Lien. 

ITvEBT  dwelling-house  or  other  building,  for  the  construction,  erection  orrepairactS 
which,  any  person  shall  have  a  claim  for  materials  furnished  or  services  renden-d,  ex- 
ceedinp;  the  sum  of  twenty-five  dollars,  shall,  with  the  land  on  which  the  same  may  stand, 
be  subject  to  the  payment  of  what  may  be  due  from  the  proprietor,  and  the  same  shall 
be  a  lien  on  such  land  and  building,  and  shall  take  precedence  of  any  other  lien  or  in- 
cumbrance which  shall  originate  sul>sequent  to  the  commencement  of  such  services,  or 
the  furnishing  of  any  such  materials  :  and  said  premises  shall  be  liable  to  be  foreclosed 
by  such  person,  in  the  same  manner  as  if  held  by  mortgage. 

The  debt  for  services  or  materials  as  aforesaid,  shall  not  remain  a  lien  on  such  land 
or  building,  for  a  longer  period  than  sixty  days  after  the  person  performing  such  ser- 
vices or  furnishing  such  materials  has  ceased  so  to  do,  unless  he  shall  lodge  with  the 
town-clerk  of  the  town  in  which  said  building  is  situated,  a  certificate  in  writing  descri- 
bing the  premises,  the  amount  claimed  as  a  lien  thereon,  and  the  date  of  the  commence- 
ment of  the  claim;  the  same  being  first  subscribed  and  sworn  to,  as  the  amount  justly 
due,  as  nearly  as  the  same  can  be  ascertained,  which  certificate  shall  be  recorded  by 
the  town-clerk,  with  deeds  of  land.  When  such  debt  shall  have  been  discharged,  such 
creditor  shall  file  another  certificate  stating  such  discharge  and  removal  of  lieu. 

Amendment,  1855. — No  person  shall  be  entitled  to  such  lien,  or  to  file  his  certificate 
therefor,  unless  he  shall  within  sixty  days  from  the  time  he  shall  have  commenced  such 
services,  or  furnished  such  materials,  notify  the  owner  or  proprietor  of  such  building 
that  he  has  so  commenced  his  sei^ces  or  furnishing  materials,  and  that  he  intends  to 
claim  a  lien  therefor  on  said  building.  The  provisions  of  this  section  shall  not  apply  to 
the  oi-iginal  contractor  for  said  building,  nor  to  any  sub-contractor  whose  conlnict  with 
such  original  contractor  is  in  writing,  and  has  been  assented  to  in  writing  by  the  other 
party  to  such  original  contract 


Chattel  Mortga|;es. 

Whew  any  one  mortgages  machinery,  engines,  or  implements  in  any  factory,  or 
household  furniture  in  a  dwelling-house,  or  hay  in  a  building,  together  with  the  realty 
on  which  the  same  are  situate,  and  particularly  describes  the  personal  property  so 
mori gaged  in  the  iHslrument  of  mortgage,  it  shall  be  as  eflfoctual  to  hofd  the  persooul 
aa  if  it  were  a  part  of  tlie  real  estate,  idthough  the  mortgager  retain  poaseasiou. 


SPECIAL    LAWS    OP    CONNECTICUT.  201 

If  he  shall  mortp»ge  the  said  personal  property,  sitnated  aa  aforesaid,  without  mort- 
gnging  the  real,  and  shall  execute,  acknowlodge,  and  record  it  in  all  respects  as  a  mort- 
gagA  of  lands,  it  shall  be  valiJ,  though  the  mortgager  retain  the  poasession. 


Law  regulating  Contracts. 

No  suit  Blwll  be  brought  upon  any  contract  or  agreement  wheceby  to  cbnrge  any  ex- 
ecutor or  administrator  upon  cny  special  promise  to  answer  damages  out  of  his  own 
estate;  or  whereby  to  charge  the  defendant  upon  any  special  promise  to  answer  for  the 
debt,  default,  or  miWarriage  of  another  person ;  or  to  charge  any  person  upon  any 
agrf^ement  made  upon  consideration  of  marriage;  or  upon  any  contract  for  the  sale  of 
lands,  tenements,  or  hereditaments,  or  any  inlerest  in  or  concerning  them ;  or  upon 
any  asrreement  that  ia  not  to  be  performed  within  the  space  of  one  year  froin  the  making 
thereof;  unless  tJie  contract  or  agreement,  or  some  memorandum  or  note  thereof, 
shall  be  made  in  writing  and  signed  by  the  party  to  be  charged  therewith,  or  by  some 
other  person  thereunto  by  him  lawfully  authorized.  . 

No  contract  for  the  sale  of  any  goods,  wares,  or  merohnndise,  for  the  price  of  thirty* 
five  dollars  or  upward,  shall  be  allowed  to  be  good,  unless  the  buyer  shall  accept  part 
of  the  goods  so  sold,  and  actually  receive  the  same,  or  give  something  in  earnest  to  bmd 
Ibe  bargain,  or  in  part  payment,  or  unlesfl  some  note  or  memorandum  in  writing,  of  the 
•aid  bargain,  shall  be  made  and  signed  by  the  parties  to  be  charged  by  such  contract,  or 
by  their  agents,  thereunto  lawfully  authorized. 


Limitation  of  Actions. 

RKtkt  upon  lands  mu«t  be  made  within  fifteen  years  after  the  right  accrued,  and  bo 
•uch  entry  shall  be  sufficient  unless  an  action  lie  brought  witbin  one  year  thereafter. 
No  action  shall  be  brought  on  any  bond,  or  writing  obligatory,  contract  under  seal,  or 

Eromissory  note  not  negotiable,  but  within  seventeen  years  after  right  accrued.     Those 
•gaily  incapable  at  the  time  such  right  accrued,  may  bring  the  same  at  any  time  within 
four  yeitrs  after  becoming  legally  capable. 

Actions  of  account,  debt  on  book,  on  simple  contract,  assumpsit  founded  upon  im- 
plied contract  or  upon  any  contract  in  writing  not  under  seal,  except  promissory  notes 
not  negotiable,  must  be  brought  within  six  years.    ITiose  not  capable  may  bring  it 
within  tliree  years  after  becoming  capable. 
Actioas  of  trespass  on  the  case  must  be  brought  within  six  years. 
Actions  upon  an  express  contract  not  in  writing,  of  trespass,  and  actions  upun  the 
Mae  for  words,  must  be  brought  within  three  years. 
The  time  when  the  defendant  ia  out  of  the  state  is  excluded  from  the  computation. 


i 


Collection  of  Debts. 

Arrest. — No  execution  Issued  in  an  action  founded  on  contract  merely,  express  ot 
Implied,  shall  be  levied  on  the  body  of  a  delitor,  except  in  actions  founded  upon  prom 
ises  to  marry,  on  misconduct  or  neglect  in  any  office  or  professional  employment,  or  in 
actions  ln»tituted  against  a  public  officer,  trustee,  or  any  person  acting  in  a  fiduciary 
eauacity,  to  recover  moneys  collected  or  received  by  him. 

Whenever  any  person  shall  be  guilty  of  fraud  in  contracting  a  debt,  or  shall  conceal, 
reuore.  withhold,  assign,  or  convev  away,  his  estate,  moneya,  goods,  chattels,  or  choses 
Ia  actions  with  inti-nt  to  nrevcnt  the  same  from  being  taken  by  legal  process,  or  shall 
rcftise  to  pay  any  debt  admitted  by  him,  or  established  by  a  valid  Judgment,  while  hav- 
Iflf  moneys  or  estate  not  exempt  from  execution,  sufficient  to  discharge  the  same,  con 
eealed  or  withheld  by  him  so  that  tho  same  can  not  be  taken  by  IcrrI  pnK^ess,  or  shall 
refuaeU)  disclose  his  rights  of  nrfif>n«,  with  int^^nt  to  prevent  the  same  from  being  taken 
by  foreign  attachment,  nrj-     -    ^  •   -         ,  >    •  ,  ,y  jnstimto  an  action  on  the 

case,  aninst  cur.h  per«.  .  :'iration.  and  also  setting  forth 

particularly  such  fraudn  of  attachment  and  execution 

Against  the  body  of  tlie  ^-  ...... ,.,,4  i.,   u,-  i.,uL.:vu...i    v^iOi  in  all   respecu  as  in  other 

actions  of  tort. 

Attachmknt.— Attachments  may  be  granted  against  the  goods  and  chattels  of  the 
defendant,  and  for  want  thereof,  agahtst  his  lauds,  or  against  bia  person  when  not  ax* 
impt  from  Impriaotunent  on  the  execution  of  the  suit 


202  SPECIAL    LAWS   OF    CONNECTICUT. 

Deeds. 

AiA.  grants,  bargains,  and  mortgages  of  land,  shall  be  in  writing,  subscribed  by  the  grant, 
or,  and^ttested  bv  two  witnessel'.  They  shall  be  acknow ledgecT  by  the  R'-^'nt"'^  or  ^  ant- 
ors  to  be  his  or  their  free  act  and  deed,  before  the  town-clerk,  or  a  county  co'n"^i89'oner 
or  iusiice  of  the  peace  or  notary  public,  or  before  a  judge  of  the /"P/^'"!  "^J^^fji^^ 
court  or  the  United  States,  or  of  the  supreme  or  superior  court,  or  court  of  commoti  pleas, 
o?countvcour°  of  ^y  individual  state.^^or  before  the  commissioner  of  the  school  fund,  or 
before  a  commissioner  or  other  officer  having  power  to  take  acknowledgments  of  deeds,  or 
beforl  I  coSlurvexor  when  the  land  lies  !n  his  county,  and  when  deeds  are  executed  by 
an  attorney  duly  authorized,  his  acknowledgment  will  be  sufficient.  ,  j„„j  ,„ 

Whe™fhe  erantor  resides  in  any  foreign  state  or  country,  they  maybe  acknowledged  to 
be  his  or  thf[r  free  act  or  deed,  before  any  United  States  consul,  re.^ent  in  such  foreign 
?tato  or  count^,  or  before  any  notary  public,  or  justice  of  the  peace,  m  such  foreign  state 

"'^ThPv  mnat  hft  recorded  at  length  by  the  register  or  town-clerk  of  the  town  where  such 
laS^LeTandXe?e  deeds  arlexe^^       by^a  power  of  attorney,  such  power  of  attorney 

"  A^tl  TnllequM'toCfused  in  this  state.    The  wife  need  not  be  privately  examined 
apart  from  ner  husband.  . 

Form  of  acknowledgment  same  as  in  Maine. 


Rights  of  Married  Women. 

Ti.F  inferest  of  ft  married  man  in  the  real  estate  of  his  wife,  belonging  to  her  at  the  time 
of  t  eir  interSarrfage,  or  whkh  she  may  have  acquired  by  devise  or  inheritance  during 
covSre  slmllnot  le'liable  to  be  taken  by  execution  against  him,  during  the  life  of  the 
wife  or  the  life  or  lives  of  children  the  issue  of  such  marriage. 

AH  real  es  ate  acquired  during  coverture  by  the  personal  services  of  the  wife,  and  all  per- 
«ona  nroDertVaSed  bHr^^^^^^  to  her  during  the  abandonment  of  her  husbanrf,  or 

XleSg  a^part^from  hil  by  reason^of  his  abuse  or  habitual  intemperance,  is  her  sole  and 

"^^hen  the^real  estate  of  a  married  woman  is  sold,  and  the  avails  invested  in  her  name 
or  for  her  benefit,  fhe  same  ts^onslrued  m  equity  to  be  her  separate  estate,  and  is  not  liable 

'Vn1>ero^\fes^l^te'"wt^cShall  accrue  to  anymarri^^^^^^ 

Sf  his  wife;  and  at  his  decease,  if  undisposed  of,  vests  m  the  wife,  or  her  devisees,  lega- 

^^HusbanSs  enSd  to  the  rents  and  profits  of  said  estate,  but  such  rents  and  profits  can 
nofbftaktn  for  his  debts^xcept  debfs  contracted  for  the  support  of  the  wife  and  her  chU- 
dren  after  such  estate  has  vested  in  hira  as  aforesaid.  „„i„a»  uv  /.nnacnt  of  the  wife 

SjTi  «nlP  or  transfer  of  such  estate  by  the  husband  is  valid  unless  by  consent  or  uie  wire, 
or^f  she  be  dead  the  consent  of  those^in  whom  her  estate  shall  have  vested-and  they  must 
join  with  the  husband  in  the  conveyance  thereof.  „_„„„  >,,_  #„_,  hnlTiir  trustee  and 

^  Courts  of  probate  may  call  husband  to  account  and  remove  him  from  being  trustee  ana 

Md  repre.enl.ti»et  provided  Che  .imual  premium  shall  not  eiceed  one  hundred  and  hny 

a'',%-eSy/rWT.<l.^rarr?le1'rrl^^^^ 

'•R^Snir.lsfwT^Lrofr^s.'sir.^^^^^^^ 

riage,  shall  be  valid,  and  her  receipt  shall  have  the  same  effect  as  that  of  ner  nusoana ,  noi 

to  affect  right  of  husband's  creditor  to  levy.  ,  patHi«  nf  which 

DowER.lThe  widow  shall  have  right  of  dower  in  one  third  ?*«  of  the  real  estate  or  wnicD 
hor  husband  died  possessed  in  his  own  right,  to  be  to  her  durmg  her  natural  life. 

Rate  of  Interest. 

The  legal  rate  of  interest  is  six  per  cent.  In  usiirious  contract,  the  principal  can  be  re- 
covered  without  the  interest  Persons  guilty  of  taking  usury  forfeit  the  whole  of  the  inter 
eet— one  half  to  him  who  shall  prosecute  to  effect,  one  half  to  state  treasury. 

"Wills. 

ALL  wlllB  Shall  be  in  writing,  subscribed  by  the  »e«Utor  and  attested  by  three  witnesses 
all  of  them  subscribing  in  his  presence. 


SPECIAL    LAW^S    OF    NEW    VO&II..  203 


NEW   YORK. 

Coostitation  adopted,  1846.— Square  Miles,  46,085.— Populadoa  in  16SQ,  3,090,01& 


Exemptions. 

_,_J:^^         There  is  exempt  from  execution,  when  owned  by 

"^   ^^    'l-^^      any  person  being  a  bousehoWer,  the  following  prop- 
V-A    .♦»% .    i  erty  :  all  spinning-wheels,  weaving-looms,  and  stoves, 

kept  for  use  in  any  dwelling-house;  the  family  Bible, 
,  ^,_  J     family  pictures,  and  schoolbooks  used  in  the  family, 

Jl*''_j'J'>'i^^  and  a  family  library  not  exceeding  in  value  fifty  dol- 
'  '"'*^*^tf  (MH  lar« ;  church-pew  ;  ten  sheep,  and  three  fleeces,  and 
-  ^MlnB^  v^H  ^  yam  or  cloth  manufactured  from  the  same ;  one 
jj>,  .^l^pagjJ^HI  oow,  two  swine,  and  necessary  food  for  them  ;  all  ne- 
■»i<i^^^gt^pr^^  cessary  pork,  beef,  fish,  flour,  and  vegetables,  actually 
I  ^%-g^^  ^>^^  '^  provided  for  family  use,  and  necessary  fuel  for  the  use 
of  the  family  for  sixty  days ;  all  necessary  wearing- 
apparel,  beds,  bedsteads,  and  bedding,  for  such  person  and  his  family ;  aitns  aiid 
accoutrements  required  by  law  to  be  kept ;  necessary  cooking-utensils  ;  one  table, 
•ix  chairs,  six  knives  and  forks,  six  plates,  six  teacups  and  saucers,  one  sugar> 
dish,  one  milkpot,  one  tenpot.  and  six  spoons  -,  one  crane  and  appendages,  one 
pair  of  andirons,  and  a  shovel  and  tongs ;  llie  tools  and  implements  of  any  me- 
chanic necessai-y  to  the  carrying  on  of  his  trade,  not  exceeding  twenty-five  dol- 
lars in  value.  In  addition  to  the  foregoing,  there  is  exempt  necessary  house- 
hold furniture,  and  working  tools  and  team,  owned  by  any  person  being  a  house- 
holder, or  having  a  family  for  which  he  provides,  to  the  value  of  one  hundred 
and  fifty  dollars:  tliis  exemption  not  to  exist  if  the  demand  be  for  the  purchase- 
money  of  lach  faruiture,  tools,  team.  dec.  See  page  2U5. 


WiUs. 


Evert  last  will  and  testament  of  real  or  personal  property,  or  both,  shall  be 
executed  and  attested  in  the  following  manner : — 

1.  It  shall  be  subscribed  by  the  testator  at  the  end  of  the  will. 

2.  Such  subscription  shall  be  made  by  the  testator,  in  the  presence  of  each  of 
the  attesting  witnesses,  or  shall  be  acknowledged  by  him  to  have  been  so  made, 
to  enrli  of  the  attesting  witnesses. 

3.  The  testator,  at  the  time  of  making  such  subscription,  or  at  the  time  of  ac- 
knowlfMlging  the  same,  shall  declare  the  instrument  so  subscribed  to  be  his  last 
will  and  testament. 

4.  There  shall  be  at  least  two  attesting  witnesses,  each  of  whom  shall  sign  his 
Dame  as  a  witness,  at  the  end  of  the  will,  at  the  request  of  the  testator. 

The  witnesses  to  any  will  shall  write  opposite  to  their  names  their  respective 
places  of  residence  :*  whoever  shall  neglect  to  do  so,  shall  forfeit  fifty  dollarB,  to  bo 
recovered  by  any  person  interested  in  the  property  devised  or  bequeathed,  wlic 
will  aae  far  the  same. 

*  If  r««idinf(  In  a  city,  th«  street  sod  number  of  the  house  should  ako  be  rivon 


0^'  *^  «^f^  tA>»  *iiA»^  ^iSu.t-*^  «*^.tirnv>  «^.eTf?r^  «*y>«;."rA»^ 


AR5lt%^\(ii»skili; 


oFtcster 


Tl 


ynt  1,  l\7is/iinffum 


'ii   RICHMOND 9(^^ 


20G  SPECIAL    LAWS    OP    NEW    YORK. 

Homestead-Exemption  Law. 

In  addition  to  the  property  now  exempt  by  law  from  sale  nnder  execntion 
Ihere  shall  be  exempt  by  law  from  sale  on  execution  for  debts  hereafter  contracted, 
the  lot  and  buildings  thereon,  occupied  as  a  residence  and  owned  by  the  debtor 
being  a  householder  and  having  a  family,  to  the  value  of  one  thousand  dollars. 
Such  exemption  shall  continue  after  the  death  of  such  householder,  for  the  ben- 
efit of  the  widow  and  family,  some  or  one  of  them  continuing  to  occupy  such 
homestead  until  the  youngest  child  become  twenty-one  years  of  age,  and  until 
the  death  of  the  widow.  And  no  release  or  waiver  of  such  exemption  shall  be 
valid  unless  the  same  shall  be  in  writing,  subscribed  by  such  householder,  and 
acknowledged  in  the  same  manner  as  conveyances  of  real  estate  are  by  law 
required  to  be  acknowledged. 

To  entitle  any  property  to  such  exemption,  the  conveyance  of  the  same  shall 
Bhow  that  it  is  designed  to  be  held  as  a  homestead  under  this  act,  or  if  already 
purchased,  or  the  conveyance  does  not  show  such  design,  a  notice  that  the  same 
IS  designed  to  be  so  held  shall  be  executed  and  acknowledged  by  the  person 
owning  the  said  property,  which  shall  contain  a  full  description  thereof,  and  shall 
be  recorded  in  the  office  of  the  clerk  of  the  county  in  which  the  said  property  is 
situate,  in  a  book  to  be  provided  for  that  purpose,  and  known  as  the  "  Homestead- 
Exenaljjlion  Book."  But  no  property  shall,  by  virtue  of  this  act,  be  exempt  from 
Bale  for  non-payment  of  taxes  or  assessments,  or  for  a  debt  contracted  for  the  pur- 
chase thereof,  or  prior  to  the  recording  of  the  aforesaid  deed  or  notice. 

If,  in  the  opinion  of  the  sheriff  holding  an  execution  against  such  householder, 
the  premises  claimed  by  him  or  her  as  exempt,  are  worth  more  than  one  thousand 
dollars,  he  shall  summon  six  qualified  jurors  of  his  county,  who  shall  upon^  oath, 
to  be  administered  to  them  by  such  sheriff,  appraise  said  premises,  and  if,  in  the 
opinion  of  the  jury,  the  property  may  be  divided  without  injury  to  the  interests 
of  the  parties,  they  shall  set  off  so  much  of  said  premises,  including  the  dwelling 
house,  as,  in  their  opinion,  shall  be  worth  one  thousand  dollars,  and  the  residue 
of  said  premises  may  be  advertised  and  sold  by  such  sheriff. 

In  case  the  value  of  the  premises  shall,  in  the  opinion  of  the  jury,  be  more 
than  one  thousand  dollars,  and  can  not  be  divided  as  is  provided  for  in  the  last  sec- 
tion, they  shall  make  and  sign  an  appraisal  of  the  value  thereof,  and  deliver  the 
same  to  the  sheriff,  who  shall  deliver  a  copy  thereof  to  the  execution  debtor,  or 
to  some  of  his  family,  of  suitable  age  to  understand  the  nature  thereof,  with  a  no- 
tice thereof  attached,  that  unless  the  execution  debtor  shall  pay  to  said  sherifTthe 
surplus  over  and  above  one  thousand  dollars  within  sixty  days  thereafter,  that 
such  premises  will  be  sold. 

In  case  such  Hurplus  shall  not  be  paid. within  the  said  sixty  days,  it  shall  bo 
lawful  for  the  sheriff  to  advertise  and  sell  the  said  premises,  and  out  of  the  pro-" 
ceeds  of  such  sale  to  pay  to  such  execution  debtor  the  said  sum  of  one  thousand 
dollars,  which  shall  be  exempt  from  execution  for  one  year  thereafter,  and  apply 
the  balance  on  such  execution;  provided,  that  no  sale  shall  be  made  unless  a 
greater  sum  than  one  thousand  dollars  shall  be  bid  therefor,  in  which  case  the 
sheriff  may  return  the  execution  for  want  of  property. 

The  costs  and  expenses  or  selling  off  such  homestead,  as  provided  herein, 
shall  be  charged  and  included  in  the  8herifi"8  bill  of  costs  upon  the  said  execu 
tion. 

This  act  shall  take  effect  on  the  first  day  of  January,  one  tJ^uaaDd  eight  ban 
dred  and  fiHy  one 


the 

■F; 


8FECIAL    LAWS    OP    NEW    YOaK..  2()7 

Mechanics'  LiexL 

$  1  Ant  person  who  Buall  hereafter,  by  virtue  of  any  contract  with  the  owntr 
tliereof,  or  hia  agHjnl,  or  any  person  who  in  pursuance  of  an  agreement  with  any 
«uch  contractor,  shall,  in  conformity  with  the  terms  of  the  contract  with  sucli 
owner  or  agent,  perform  any  labor  or  furnish  materials  in  building,  altering,  or 
repairing  any  house  or  other  building  in  the  several  cities  in  this  state  (except 
the  city  of  New  York),  and  in  the  villages  of  Syracuse.  Williamsburgh,  Geneva, 
Oswego,  Auburn,  and  Canandaigua,  shall  have  a  lien  for  the  value  of  such  labor 
and  materials,  upon  such  house  or  building  and  appurtenances,  and  upon  the  lot 
of  land  on  which  the  same  stand,  to  the  extent  of  the  right,  title,  and  interest,  at 
that  lime  existing  of  such  owner,  in  the  manner  and  to  the  extent  hereinafter  pro- 
vided ;  but  the  aggregate  of  all  the  liens  authorized  by  this  act  to  be  created,  for 
the  labor  performed  and  materials  furnished,  shall  not  exceed  the  price  stij)ulated 
io  tlie  contract  with  such  owner  or  his  agent  to  be  paid  therefor. 

$  2.  The  person  performing  such  labor  or  furnishing  such  materials  shall  cause  to 
drawn  up  specifications  of  the  work  by  him  contracted  to  be  perfermed  or 
terials  to  be  furnished,  and  stating  the  price  or  prices  agreed  to  be  paid  there- 
iDr.  and  shall  file  them,  or  if  there  be  a  contract  in  writing,  a  true  copy  thereof 
fo  the  office  of  the  clerk  of  the  county  in  which  the  city  or  village  may  be  situ- 
ated, and  serve  a  notice  thereof  personally  on  such  owner,  or  his  said  agent, 
within  twenty  days  after  the  makmg  such  contract,  or  aftirr  commencing  such 
labor,  or  the  funiishing  of  said  materials.      Time  extended  to  30  days  in  Buffalo. 

§  3.  The  lien  so  created  by  this  act  shall  take  effect  from  the  time  of  such  filing 
and  such  service  of  said  notice,  and  shall  continue  in  full  force  for  the  space  of 
one  year  tltereafier. 

$  4.  Any  owner  and  any  contractor  or  laborer,  or  any  person  furnishing  materials 
In  pursuance  of  any  contract  made  by  such  contractor  with  such  owner,  or  his 
•aid  agent  therefor,  may,  after  such  labor  has  been  performed  or  materials  fur 
nished,  enforce  or  brin,<to  close  such  lien,  by  serving  or  causing  a  notice  to  be 
served  personally  on  such  owner  or  his  agent,  contractor  or  laborer,  or  person 
fiiruiaiiing  materials,  requiring  him  to  appear  in  the  court  of  common  pleas  of  the 
county,  or  in  a  justice's  court  of  the  city  or  viUafie  in  the  county  in  which  such 
building  is  situated,  either  in  j»erson  or  by  attorney,  at  a  time  certain  on  some 
day  to  be  specified  in  such  notice,  not  less  than  twenty  days  from  the  service 
tliereof,  and  submit  to  an  accounting  and  settlement  in  such  court  of  the  amount 
due  or  claimed  to  be  due  under  such  contract,  for  the  labor  thus  performed,  or  the 
Diatorials  thus  furnished. 

^  5.  At  the  time  of,  or  within  ten  days  after  the  service  of  such  notice,  a  bill  of 
pariculars  of  the  amount  claimed  to  be  due  shall  be  served  personally  on  such 
owner,  and  acrompanying  the  same  shall  be  a  notice  to  produce  a  bill  of  particu- 
lars of^  any  offset  which  may  claimed  to  the  same  within  ten  days  thereafter, 
which  shall  be  served  in  like  manner. 

&  y.  Any  person  perf(»rniing8uch  lalior  or  furnishing  such  materials,  in  pnr.<:aance 
of  any  agreement  made  by  him  with  the  original  contractor  with  eucli  owner  or 
his  said  agent,  who  shall  have  done  the  acts  prescribed  by  the  second  section  of 
this  act,  to  create  a  lien  therefor,  shall  have  a  lien  for  only  su<:h  labor  as  glial!  bo 
performed  and  for  only  such  materials  as  sliall  be  furnished  subsequently  thereto. 

^  10.  Any  such  person,  within  thirty  days  after  such  labor  has  been  performed 
or  such  materials  have  been  furnished,  and  claiming  to  havo  a  lion  therefor,  sbail 
produce  and  deliver  to  the  ow'ner  or  his  agent  a  statement  in  writing,  signed  by 
liiiriHcIf  and  the  said  contractor,  s|>ecifving  how  much  is  due  to  such  person  for 
■  urh  laUjr  done  or  materials  furnished  :  or,  in  default  of  srj  doing,  shall  take  the 
necessary  proceedings  against  such  contractor  Uj  procure  an  accounting  and  set- 
il.-meni  of  the  amount  due  or  owing  for  such  labor  or  materials.  The  amount  so 
a-certain.d  t)  l>r  due  shall  be  paid  by  the  owner,  and  the  same  shall  be  deemed  to 
\)f  B.  \<A  tie  owner  on  the  contract  made  with  such  owner  or  his  agent. 

1  ii<  ,rn  are  extended  to  the  town  of  Kingiton,  in  the  county  of  UUler, 

and  In  :  .  mty,  except  that  the  bill  of  particulMm  and  of  off«ot  rcquir«*d  by  tlio 

fiftii  acctioii  mwy  be  t«rred  at  the  time  or  within  jV><«7*  daya  after  th«  tMrrice  of  aucb  notica. 


SOS  SPECIAL   LAWS    OF   NEW    YORK. 

IJy  acts  of  1851,  1852,  and  1853,  provision  is  made  for  a  lien  in  the  counties  of  WeaU 
Chester,  Putnam,  Ulster,  Dutchess,  Kenssolaer,  Rockland,  and  Chemung,  and  the  town 
of  Newhurgh,  in  Orange  county.     An  act  of  1853  provides  for  a  lien  in  Kings  county. 

A  special  lien  law  was  passed  in  1854,  for  the  counties  of  Westchei^ter.  Oneida,  Cort- 
\ind,  Broome,  Putnam,  Rockland,  Orleans,  Niagara,  Livingston,  Otsego,  Lewis,  Orange, 
and  Dutchess. 

LIEir    FOa    THB    CITT    OF    NEW    YORK. 

Any  person  vi^ho  shall  hereafter,  by  virtue  of  any  contract  with  the  owner  thereof,  or  bit 
agent,  or  any  person  who,  in  pursuance  of  an  afrreemenl  with  any  such  contractor,  shall,  in 
conformity  with  the  terms  of  such  contraat,  perform  any  labor  or  furnish  materials  in  build- 
ing, altering:,  or  repairing,  any  house  or  other  building,  or  appurtenances  to  any  house  or 
other  building,  in  the  city  of  New  York,  shall,  upon  filing  the  notice  prescribed  in  the  sixth 
paragraph,  have  a  lien  for  the  value  of  such  lahor  and  materials  upon  such  house  or  Imild- 
mg  and  appurtenances,  and  upon  the  lot  of  land  upon  which  the  same  stand,  to  the  extent 
of  tlie  rignl,  title,  and  interest,  at  fhat  time  existing,  of  such  owner,  in  the  mannei  and  to  the 
extent  hereinafter  provided  ;  but  such  owner  shall  not  be  obliged  to  pay  for,  or  on  account 
of  such  house,  other  building,  or  other  appurtenances,  in  consideration  of  all  the  liens  au- 
thorized by  this  act  to  be  created,  any  greater  sum  or  amount  than  the  price  stipulated  and 
Hgreed  to  be  paid  therefor  in  and  by  such  contract. 

Any  person  furnishing  such  materials  or  performing  such  labor,  In  pursuance  of  a  written 
contract  with  such  owner  or  his  agent,  shall  produce  such  contract,  or  the  best  evidence 
thereof  in  his  possession,  the  validity  of  which  shall  be  established  in  evidence  before  the 
court  in  which  he  may  bring  his  suit  to  recover  the  value  of  his  lien,  and  shall  recover  no 
more  than  the  price  stipulated  to  be  paid  to  him  in  such  contract. 

Any  person  performing  such  labor  or  furnishing  such  materials,  without  a  written  con- 
tract with  such  owner  or  his  agent,  shall  produce  evidence  as  mentioned  in  the  preceding 
paragraph,  to  establish  the  value  of  such  labor  or  materials,  and  that  the  same  were  used 
oy  the  said  owner  or  his  agent,  or  the  original  contractor  in  the  erection,  alteration,  or  re- 
pairing, of  such  building. 

Any  contractor  or  laborer,  or  any  person  ftimishing  materials  in  pursuance  of  any  con- 
tract made  by  such  contractor  with  such  owner  or  his  said  atrent  therefor,  may,  after  such 
labor  has  been  performed  or  materials  furnished,  enforce  or  bring  to  a  close  such  lien,  by 
serving  or  causing  a  notice  to  be  served  personally  on  such  owner  or  his  agent,  contractor 
or  laborer  or  person  furnisiiing  materials,  Tequ'iring  him  to  appear  in  the  court  of  common 
pleas,  or,  provided  the  amount  claimed  do  no*  exceed  one  hundred  dollars,  in  a  justice's 
courtof  the  judicial  district  in  which  such  building  is  situated,  or  in  the  marine  court  of  said 
city  and  county  of  New  York,  either  in  person  or  by  attorney,  at  a  time  certain  upon  some 
day  to  be  specified  in  such  notice,  not  less  than  twenty  days  frojn  the  service  thereof,  and 
submit  to  an  accounting  and  set; lenient  in  such  court,  of  the  amount  due  or  claimed  to  be 
due  for  the  labor  thus^performed,  or  the  materials  thus  furnished. 

At  the  time,  or  within  fifteen  days  after  the  service  of  such  notice,  a  bill  of  particulars  of 
the  amount  claimed  to  be  due  shall  be  served  personally  on  such  owner,  or  his  legal  repre- 
sentatives, and  also  a  bill  of  particulars  of  any  oflset  which  may  be  claimed  to  the  same 
shall  be  served  in  like  manner  upoq  the  laborer,  contractor,  or  person  furnishing  materi^s, 
as  the  case  may  be. 

Within  six  months  after  the  performaKce  of  such  labor  or  the  furnishing  of  such  materi- 
als, the  contractor,  sub-contractor,  laborer  or  person  furnishing  materials  shall  serve  a  no- 
tice in  writing  upon  the  county  clerk,  specilying  the  amount  of  the  claim,  and  the  person 
against  whom  the  claim  is  made,  the  name  of  the  owner  of  the  building,  and  the  situation 
of  the  building,  oy  its  street  and  number,  if  the  number  be  knj^-n. 

In  case  said  owner  shall  not  appear  at  the  time  and  place  specified  in  the  notice  given,  in 
pursuance  of  the  requirements  of  the  fourth  and  fiflh  paragraphs,  then,  on  filing  with  the 
county  clerk,  or  with  the  clerk  of  the  marine  court,  or  with  the  justice,  an  affidavit  of  the 
service  of  such  notice,  and  of  the  default  of  the  owner  to  appear,  a  writ  of  inquiry  may  be 
Issued  to  the  sheriff  of  said  city  and  county,  to  assess  the  amount  of  such  claim,  or  the  amount 
uf  such  claim  may  be  assessed  l)y  the  court  of  common  pleas,  justice's  court,  or  the  marine 
court,  as  the  case  may  be;  and  upon  the  return  of  the  writ  of  inquiry,  or  the  assessment  by 
the  court,  judgment  "shall  be  entered  upon  the  same,  and  execution  shall  issue  for  the  en- 
forcement of  said  claim  so  adjudicated  and  established,  in  the  same  manner  as  in  cases 
upon  other  judgments  in  such  courts. 

On  the  appearance  of  both  parties  in  pursuance  of  the  above  requirement,  issue  shall  be 
joined  upon  the  claims  made,  and  notice  of  set-off  served,  and  the  same  may  be  noticed  for 
trial  and  put  upon  the  calendar  of  said  court  by  either  party,  and  shall  be  governed,  tried, 
and  the  judgment  thereon  enforced,  in  all  respects  in  the  same  mnnner  as  upon  issues  joined 
and  judgments  rendered  in  all  othe*-  civil  ar-,.ions  for  the  recovery  of  moneys  in  said  court. 

The  judgment  obtainea  may  be  filed  by  the  successful  party  with  the  county  clerk,  who 
shall  record  the  name  of  the  court,  amount  of  judgment  if  for  claimant,  or  where  tlie  judg- 
ment is  against  the  claimant,  the  word,  "  disclmrged"  shall  be  entered  airainst  it. 

Tlie  lien  may  be  discharged  as  follows  :  1.  By  filing  a  certificate  of  the  claimant  or  his 
successors  in  interest,  acknowledged  or  proved  in  the  same  manner  as  the  satisfaction  of  a 
mortgage,  stating  that  the  lien  is  discharged  :  or— 2.  Bvthe  deposite  withtheclerkof  a  sura 
of  money  equal  to  the  amount  claimed,  which  money  shall  thereupon  be  held  subject  to  ihe 
lien :  or— 3.  By  an  entry  of  the  clerk  made  in  the  book  of  liens,  after  one  year  has  elapsed 
since  the  filing  of  the  claim,  stating  that  no  notice  has  been  given  to  him  of  legal  steps  to 
en/orce  the  lien :  or — 4.  By  an  affidavit  of  service  of  a  notice  from  the  owner  to  the  claim- 
ant  rsqnlrisK  bias  to  commence  an  action  for  the  enforcement  of  his  lieu,  on  or  before  a  cer 


SPECIAL    LAWS    OP    NEW    YORK.  209 

tatn  hoar  or  day  specified  in  lald  notice,  and  the  lapse  of  thirty  days  thereatter,  withont  any 
affidarit  from  trie  claimant  t>ein?  filed  of  the  service  of  the  notice  required  in  the  fourth  par- 
agraph: or-^.  Bv  satisfaction  of  the  lien,  upon  an  action  for  the  enforcement  thereof 

Every  lien  created  under  the  tirst  paragraph  of  thie  act,  shall  continue  until  the  expiration 
of  one  year  from  the  creation  thereof,  and  until  jud{,Tuent  rendered  tn  any  proceedmgs  for 
the  enforcement  tbereo£ 

]<IEN    OH    SHIPS. 

Whenever  a  debt,  amounting  to  fifty  dollars  or  upward,  shall  be  contracted  by  the  mas- 
ter, owner,  atrent,  or  consitrnee,  of  any  ship  or  vessel  within  this  slate,  for  either  of  the  fol- 
lowing  purposes — 1.  On  account  of  any  work  done  or  materials  furnished  in  this  slate,  for 
or  toward  the  building,  repairing,  fittmg,  funiishing.  or  equipping,  such  ship  or  vessel; 
2.  For  such  provisions  and  stores  furnished  within  this  state  as  may  lie  fit  and  proper  for 
the  use  of  such  vessel  at  the  time  when  the  same  were  furnished:  3.  On  accomit  of  ilie 
wharfa-re  and  the  expense  of  keeping  sucl)  vessel  in  port,  including  the  expense  incurred 
in  employing  persons  to  watch  her— such  debt  shall  be  a  lien  upon  such  ship  or  vessel,  her 
tackle,  appafel,  and  furniture,  and  shall  be  preferred  to  all  oUier  liens  thereon,  except  uiar- 
iners'  wa^^es. 


\Vhen  the  ship  or  vessel  shall  depart  from  the  port  at  which  she  was  when  such  debt  waa 
•  port  wiihii 
the  expiration  of  twelve  aays  after  the  day  of  such  departure  ;  and  in  all  cases  such  lien 


contracted,  to  some  other  port  within  this  state,  every  such  debt  shall  cease  to  be  u  lien  at 


shall  cease  immediately  alter  the  vessel  sliall  have  led  the  state. 

Whenever  any  ship  or  vessel  shall  have  been  run  down  or  run  afoul  of  by  any  other  ship 
or  vessel,  through  the  neglitrence  or  wilful  misconduct  of  those  navifrtiting  such  other  shin 
or  vessel,  and  shall  thereby  have  sustained  daniiige  to  the  extent  of  fifty  dollars  or  uj)wara, 
the  owner  of  said  ship  or  vessel  so  sustaining  damage  shall  have  a  lien  upon  the  ship  or 
vessel  causing  such  damage  in  manner  aforesaid,  her  tackle,  apparel,  and  furniture,  to  the 
extent  of  such  damage.  The  lien  shall  ccsKe  unless  a  warrant  to  enforce  the  same  be  issued 
within  twenty  days  after  the  damage  shall  be  done. 


Chattel  Mortgages. 


Etkut  mortgage  of  personal  property  which  shall  not  be  accompanied  with  an  Immo- 
diate  delivery,  and  be  followed  by  an  actual  and  continued  change  of  possession  of  the 
things  mortgaged,  is  absolutely  void  us  against  the  creditors  of  the  mortgager  and  subse- 
quent mortgagees  and  purchasers  in  trooU  faith,  unless  the  Uiortgage,  or  a  true  copy  thereof, 
■hall  be  filed  in  the  several  towns  and  cities  of  the  state  where  the  mortgager,  if  a  resident 
of  the  state,  resides;  if  he  be  not  a  resident,  then  in  the  city  or  town  where  the  property 
mortgaged  shall  be  at  the  time  of  the  execution  of  the  mortgage.  In  tlie  city  of  New  York 
they  must  be  filed  in  the  register's  olfice;  in  tl»e  several  towns  in  which  the  county  clerk'l 
ofiice  i«  kept,  in  the  county  clerk's  office  ;  in  other  towns,  in  the  town  clerk's  office. 


La'w  Regulating  Contracts. 

Evert  contract  for  the  leasing  for  a  longer  period  than  one  year,  or  for  the  sale  of  any 
lands,  or  any  interest  in  lands,  shall  be  void,  unless  the  contract,  or  some  note  or  memorun- 
dum  iliereot,  expressing  the  consideration,  be  in  writing,  and  be  subscribed  liy  the  nuriy  by 
whom  the  lease  or  sale  is  to  be  made,  or  subscribed  by  the  agent  of  such  party  lawfully 
au!hijri/»*'l. 

In  thf  following  cases,  every  agreement  shall  be  void,  unless  such  agreement,  or  some 

not!"  or  itifinornndum  tnereof,  expressing  the  consideration,  be  in  writing,  and  subscribed 

•  .\  ':.'■  :  ir-y  to  becliarged  therewith:    I.  Every  agreement  that,  by  its  terms,  is  not  to  bo 

A  ithin  one  year  from  the  making  iliereof.    2.  Every  special  promise  to  answer 

,  'lefault,  or  miscarriage,  of  another  person.    3.  Every  agreement,  promise,  or 

u  1.      :.'.  made  npnn  ronsiderntion  of  marriage,  except  mutual  promises  to  marry. 

'  lU,  cha'lels,  or  things  in  action,  for  the  price  of  fifty 

A  note  or  memorandum  of  such  conduct  be  made 
••9  to  be  charged  thereby:  or— 2.  Unlcjss  the  l)uyer 
■   ^  ;; nods,  or  the  evidences,  or  some  of  them,  of  such 

lioii  :  or— a.  Lulcss  the  buyer  shall,  at  tlie  lime,  pay  some  part  of  the  purchase- 
money. 

Whorjf'Ter  goods  shall  be  sold  ut  public  auction,  and  the  auctioneer  shall,  at  the  lime  of 

r-  -   n  a  sale-book  a  menioran'luin  specifying  the  nature  and  price  of  the  property 

riis  of  the  sale,  tiie  iiiime  of  the  purcbHser,  and  the  name  of  the  person  on  whose 

cKle  is  made,  such  memorandum  shall  be  deemed  a  note  of  the  coutracl  of  sale, 

meauinK  of  the  last  section. 


Limitation  of  Actions. 

No  action  for  tho  recovery  of  renl  property,  or  for  tire  recovery  of  the  possessior]  thereof, 
•hall  b«  mamtatnod,  unless  h  appear  iliat  the  plaintiff,  his  ancestor,  prediresaor,  or  grantor 
WW  seized  or  possessed  o'  the  pron  ses  in  question,  within  twenty  years  before  the  coi» 
BDeoeeiiwtt  of  aueh  acUoa^ 

lb* 


210  SPECIAL    LAWS    OP    NEW    YORK. 

No  entry  npon  real  estate  shall  be  deemed  sufficient,  or  valid  as  a  claim,  nn- 
less  an  action  be  commenced  thereupon  within  one  year  afrer  the  making  of  such 
entry,  and  within  twenty  years  from  tlie  time  when  the  right  to  make  such  entry 
descended  or  accrued. 

An  action  u[»on  a  judgment  or  decree  of  any  court  of  the  United  States,  or  of 
any  slate  or  territory  within  the  United  States,  or  an  action  upon  a  sealed  instru- 
ment, shall  be  commenced  within  twenty  years. 

The  following  actions  shall  be  commenced  within  six  years : — 

1.  An  action  upon  a  contract,  obligation,  or  liability,  express  or  implied,  ex- 
cepting those  mentioned  in  the  previous  section. 

2.  An  action  upon  a  liability  created  by  statute,  other  than  a  penalty  or  forfeiture. 

3.  An  action  for  trespass  upon  real  property. 

4.  An  action  for  taking,  detaining,  or  injuring  any  goods  or  cliattels,  including 
actions  for  the  specific  recovery  of  personal  property. 

5.  An  action  for  criminal  conversation,  or  for  any  other  injury  to  the  person  or 
rights  of  another,  not  arising  on  contract,  and  not  hereinafter  enumerated. 

6.  An  action  for  relief,  on  the  ground  of  fraud  ;  in  cases  which  heretofore  were 
solely  cognisable  by  the  court  of  chancery  ;  the  cause  of  action  in  such  case  not 
to  be  deemed  to  have  accrued,  until  the  discovery  by  the  aggrieved  party,  of  the 
facts  constituting  the  fraud. 

An  action  against  a  sheriff,  coroner,  or  constable,  upon  a  liability  incurred  by 
the  doing  of  an  act  in  his  official  capacity,  and  in  virtue  of  his  office,  or  by  the 
omission  of  an  official  duty,  including  the  non-paj'ment  of  money  collected  upon 
an  execution,  shall  be  commenced  within  three  years;  but  this  section  shall  not 
apply  to  an  aciion  fot  an  escape. 

An  action  for  libel,  slander,  assault,  battery,  or  false  imprisonment,  or  an  action 
npon  a  statute,  for  a  forfeiture  or  penalty  to  the  people  of  this  state,  shall  be  com- 
menced witliin  two  years. 

In  an  action  brought  to  recover  a  balance  due  upon  a  mutual,  open,  and  cur- 
rent account,  where  there  have  been  reciprocal  demands  between  the  parties, 
the  cause  of  action  shall  be  deemed  to  have  accrued  from  the  time  of  the  last 
item  proved  in  the  account  on  either  side. 


Collection  of  Debts. 

Arrest.— No  person  shall  be  an-ested  in  a  civil  action  except  as  prescribed 
by  this  act. 

The  defendant  may  be  arrested,  as  hereinafter  prescribed,  in  the  following 
cases : — 

1.  In  an  action  for  tlie  recovery  of  damages,  on  a  cause  of  action  not  arising 
OTit  of  codtract,  where  the  defendant  is  not  a  resident  of  the  state,  or  is  about  to 
remove  therefrom,  or  where  the  action  is  for  an  injury  to  person  or  character,  or 
for  injuring  or  for  wrongfully  taking,  detaining,  or  convertmg  property. 

2.  In  an  action  for  a  fine  or  penalty,  or  on  a  promise  to  marry,  or  for  money 
received,  or  property  embezzled  or  fraudulently  misapplitid,  by  a  public  officer  or 
by  an  attorney,  solicitor,  or  counsellor,  or  by  an  officer  or  agent  of  a  corporation 
or  banking  association,  in  the  course  of  his  employment  as  such,  or  by  any  factor, 
agent,  broker,  or  other  person  in  a  fiduciary  capacity,  or  for  any  misconduct  or 
neglect  in  office,  or  in  a  professional  employment. 

3.  In  an  action  to  recover  the  possession  of  personal  property  unjustly  de- 
tained, where  the  property  or  any  part  thereof  has  been  concealed,  removed,  or 
disposed  of,  so  that  it  can  not  be  found  or  taken  by  the  sheriff. 

4.  When  the  defendant  has  been  guilty  of  a  fraud,  in  contracting  the  debt,  or 
incniTing  the  obligation  for  which  the  action  is  brought,  or  in  concealing  or  dis- 
posing of  the  property,  for  the  taking,  detention,  or  conversion  of  which,  the  action 
IS  bi-ought 

5.  When  the  defendant  has  removed  or  disposed  of  his  property,  or  ia  about  to 
do  so  with  intent  to  defraud  his  creditors. 


SPECIAL  LAWS  OP  NEW  YORK.  211 

But  no  female  shall  be  arrested  in  any  action,  except  for  a  wilful  injury  to  pet^ 
•on,  character,  or  pmperty. 

Before  making  the  order,  the  judge  shall  require  a  written  undertaking  on  the 
part  of  the  plaintiff,  with  or  without  Sureties,  to  the  effect  that  if  tlie  defendant 
recover  judgment,  the  plaintiff  will  pay  all  costs  that  may  be  awarded  to  the 
defendant,  and  all  damages  which  he  may  sustain  by  reason  of  the  arrest,  not 
exceeding  the  sum  specified  in  the  undertaking,  which  shall  be  at  least  one  hun- 
dred dollars. 

Attachment. — In  an  action  for  the  recovery  of  money,  against  a  corporation 
created  by  or  under  the  laws  of  any  other  state  government  or  country,  or  against 
a  defendant  who  is  not  a  resident  of  this  state,  or  against  a  defendant  who  has 
absconded  or  concealed  himself  as  hereinafter  mentioned,  the  plaintiff,  at  the  time 
of  issuing  the  summons,  or  at  any  time  afterward,  may  have  the  property  of  such 
defendant  attached,  in  the  manner  hereinafler  prescribed,  as  a  security  for  the 
latisfaclion  of  such  judgment  as  the  plaintiff  may  recover. 

The  warrant  may  be  issued  whenever  it  shall  appear  by  affidavit  that  a  cause 
of  action  exists  against  such  defendant,  specifjnng  the  amount  of  the  claim,  and 
the  grounds  thereof,  and  tliat  the  defendant  is  eitlier  a  foreign  corporation,  or  not 
a  resident  of  this  state,  or  has  departed  therefrom  with  intent  to  defraud  his 
creditors,  or  to  avoid  the  service  of  a  summons,  or  keeps  himself  concealed 
tberem  with  tlie  like  intent. 

Before  issuing  the  warrant,  the  Judge  shall  require  a  writteti  undertaking  on 
the  part  of  the  plaintifl*  with  sufficient  surety,  to  the  effect  that  if  the  defendant 
recover  judgment,  the  plaintiff  will  pay  all  costs  that  may  be  awarded  to  the  de- 
fendant, and  all  damages  which  he  may  sustain,  by  reason  of  the  attachment,  not 
exceeding  the  sum  specified  in  the  undertaking,  which  shall  be  at  least  two  hun- 
dred and  fifty  dollars. 

The  warrant  shall  be  directed  to  the  sheriff  of  any  county  in  which  property 
of  sach  defendant  may  be,  and  shall  require  him  to  attach  and  safely  keep  all  the 
property  of  such  defendant  within  his  county.  Several  warrants  may  be  issued 
at  the  same  time  to  the  sheriffs  of  different  counties. 


Deeds. 


Evert  grant  in  fee  or  of  a  freehold  estate  shall  be  subscribed  and  sealed  by 
the  person  from  whom  the  estate  or  interest  conveyed  is  intended  to  pass,  or  hia 
lawful  agent ;  and  if  not  duly  acknowledged  previous  to  its  delivery,  according 
to  the  prrtvisiona  [below],  its  execution  and  delivery  shall  be  attested  by  at  least 
one  witness ;  or  if  not  so  attested,  it  shall  not  take  effect  as  against  a  purchaser 
or  incumbrancer,  until  so  acknowledged.     A  wafer  seal  must  be  used. 

Every  conveyance  of  real  estate  within  tliis  state,  hereafter  made,  shall  be 
.recorded  In  the  office  of  the  clerk  of  the  county  where  such  real  estate  shall  lie 
■ituatcd  ;  and  every  such  conveyance  not  so  recorded  shall  be  void  as  against  any 
subsequent  purchaser,  in  good  taith  and  for  a  valuable  consideration  of  the  same 
real  estate,  or  any  portion  theretif,  whose  conveyance  shall  be  first  duly  recorded. 

To  entitle  any  conveyance,  hereafter  made,  to  be  recorded  by  any  county 
clerk,  it  shall  be  acknowledged  by  the  party  or  parties  executing  the  same,  or 
•hall  be  proved  by  a  subscribing  witness  thereto,  before  any  one  of  the  following 
officers  : — 

If  acknowledged  or  proved  within  this  state,  ju»'tice«  of  the  supreme  court, 
iurJcci  of  county  courts,  mayors  and  recorders  of  cities,  commissioners  of  deedt 
In  ci ties,  justices  of  the  peace  in  the  several  towns  of  this  state  ;  but  no  county 
JodkM!  or  commissioner  of  deeds  f<tr  a  city,  nor  justice  of  tbe  peace  for  a  county, 
•hall  take  any  sii.h  proof  or  acknowledgment  out  of  the  city  or  county  for  which 
be  was  «i»[>f)intofl  : 

If  ocluiowledged  or  proved  out  of  this  state,  and  within  the  United  States 
the  chief  justice  and  associate  justices  of  the  supremo  court  of  tlie  United  States 
iistrict  judge*  of  tlie  United  BtaloR,  the  judges  or  joatices  of  the  miprome,  sapa 


212  SPECIAL   LAWS   OF   NEW   YORK. 

rior,  or  circuit  conrt,  of  any  etate  or  territory  within  the  United  Stafes,  and  the 
chief  judge  or  any  associate  judge  of  the  circuit  court  of  the  United  States  in  the 
District  of  Columbia  ;  b\k  no  proof  or  acknowledgment,  taken  by  any  such  officer, 
shall  entitle  a  conveyance  to  be  recorded,  mless  taken  within  some  place  or  terri- 
tory to  which  the  jurisdiction  of  the  court  to  which  he  belongs  extends: 

In  forciiin  conritries,  before  any  consul,  vice-consul,  or  minister  resident  of  thf!  United 
States,  Hppointed  to  reside  at  any  foreign  port  or  place,  duly  certified  under  their  hand 
Biid  eeal  of  office. 

'J'ho-  proof  or  acknowledgment  of  any  deed,  when  made  by  any  person  residing  out 
of  this  stiite,  and  within  any  other  state  or  territory  of  the  United  States,  may  be  made 
before  any  officer  of  s\ich  etate  or  territory,  authorized  by  the  laws  thereof  to  take  the 
proof  and  acknowledgment  of  deeds;  provided  that  no  such  acknowk'dgtnent  shall  be 
valid  unless  the  officer  taking  the  same  shall  know  or  have  satisfactory  evidence  that 
the  person  making  such  acknowledgment  is  the  individual  described  in,  and  who  exe- 
cuted the  said  deed. 

There  shall  be  subjoined  to  the  certificate  of  proof  or  acknowledgment,  signed  by 
such  officer,  a  certificate  hnder  the  name  and  official  seal  of  the  clerk,  register,  recorder, 
or  a  prothonotary  having  charge  of  the  official  seal  of  the  county  in  which  such  officer 
resides,  or  of  the  county  or  di-tiict  court,  or  court  of  common  pleas,  thereof,  specifying 
that  such  officer  was,  at  the  time  of  taking  such  proof  or  acknowledgment,  duly  author- 
ized to  take  the  same,  and  that  such  clerk,  register,  recorder,  or  prothonotary  or  clerk 
of  any  court  as  aforesaid,  having  a  seal,  is  well  acquainted  with  the  handwriting  of  such 
officer,  and  verily  believes  that  the  signature  to  said  certificate  of  proof  and  acknowledg- 
ment is  genuine.  , 

No  acknowledgment  of  any  conveyance  having  been  executed  shall  be  taken 
by  any  officer,  unless  the  officer  taking  the  s&me  shall  Jinow  or  have  satisfactory 
evidence  that  the  person  making  such  acknowledgment  is  the  individual  de- 
scribed in  and  who  executed  such  conveyance. 

The  acknowledgment  of  a  married  woman  residing  within  this  state,  to  a  con- 
veyance purporting  to  be  executed  by  her,  shall  not  be  taken,  unless,  in  addition 
to  the  requisites  contained  in  the  preceding"^  section,  she  acknowledge,  on  a  pri- 
vate examination,  apart  from  her  husband,  that  she  executed  such  conveyance 
freely,  and  without  any  fear  or  compulsion  of  her  husband. 

When  any  married  woman,  not  residing  in  this  state,  shall  join  with  her  hus- 
band in  any  conveyance  of  any  real  estate  situate  within  this  state,  the  convey- 
ance shall  have  the  same  effect  as  if  she  were  sole  ;  and  the  acknowledgment  or 
proof  of  the  execution  of  such  conveyance  by  her  may  be  the  same  as  if  she  were 
eole. 

Form  of  Acknowledgment. 
State  of  New  York,     )  .    „,., 
County  of  Xt;i^*,r°^''' 

On  thifijirst  day  of  October,  one  tbonsand  eight  hundred  and  ffty,  before  me 
personally  came  John  Doe  and  Susan  his  vife,  to  me  known  to  be  the  individ- 
uals described  in  and  who  executed  the  foregoing  conveyance,  and  acknowledged 
that  they  executed  the  same  [and  the  said  Susan,  on  a  private  examination, 
$epnraie  and  apart  from  her  husband,  ackumvled^ed  that  she  executed  the  samt^ 
freely,  and  without  any  fear  or  compulsion  of  her  said  husband]. 

JOHN  JONES,  Justice  of  the  Peace. 

Where  there  is  no  wife,  the  parts  referring  to  her  may  be  omitted. 

Form  of  Certificate  of  Proof  by  the  subscribing  Witness. 

State  of  New  York,  )  .  ..  . 
County  of  Kings,]  ^  ^^^  • 
On  th\s  first  day  of  October,  one  thousand  eight  hundred  and  j^fty,  before  me 
personally  came  John  Smith,  subscribing  w^itness  to  the  iore^oing  conveyance, 
to  me  known,  who  being  by  me  duly  sworn,  did  depose  and  say,  that  he  res'des 
in  the  toivn  of  Bushwick,  in  said  county ;  that  he  knew  John  Doe,  the  individual 
described  in  and  who  executed  the  said  conveyance  ;  that  he  was  present,  and 
did  see  the  said  John  Doe  sign,  seal,  and  deliver  the  same,  as  and  for  his  act 
and  deed  ;  and  that  the  said  John  Doe  then  acknowledged  the  execution  thereofi 
Wrbcreupon  the  said  John  Smith  became  the  subscribing  witness  thereto. 

JOHN  JONES,  Justin  of  tU  Teace. 


SPECIAL  LAWS  OP  NEW  YORK.  213 

Rights  of  Married  Women. 

The  real  and  personal  property  of  any  female  who  may  hereafiei  marrj%  and 
whirb  slie  shall  own  at  ihe  time  of  marriage,  and  the  rents,  issues,  and  profita 
thereof,  shall  not  be  aulyect  to  the  disposal  of  her  husband,  nor  be  liable  fur  his 
d«bts,  and  shall  continue  her  sole  and  separate  property,  as  if  she  were  a  single 
female. 

Any  married  female  may  take,  by  inheritance,  or  by  gift,  grant,  devise,  or  be- 
quest, from  any  person  other  than  her  husband,  and  hold  to  i)er  sole  and  separate 
use,  and  convey  and  <levise  real  and  personal  property,  and  any  interest  or  estate 
therein,  and  the  rents,  issues,  and  profits  thereof,  in  the  same  manner  and  wilh 
like  etfecl  as  if  she  were  unmhrried,  and  the  same  shall  not  be  subject  to  the  dis- 
posal of  her  husband,  nor  be  liable  for  his  debts. 

Any  person  who  may  hold,  or  may  hereafter  hold,  as  trustee  for  any  married 
woman,  any  real  or  personal  estate,  or  other  property,  under  any  deed  of  con- 
veyance  or  otherwise,  on  the  written  request  of  such  married  woman,  accompa- 
nied by  a  certificate  of  a  justice  of  the  supreme  court,  that  he  has  examined  the 
condition  and  situation  of  the  property,  and  made  due  inquiry  into  the  capacity 
of  such  married  woman  to  manage  and  control  the  same,  may  convey  to  such 
married  woman,  by  deed  or  otherwise,  all  or  any  portion  of  such  property,  ofthe 
rent.'',  issues,  or  profits  thereof,  for  her  sole  and  separate  use  ami  benefit. 

All  contracts  made  between  persons  in  contemplation  of  mairiage  shall  remain 
in  full  force  after  snch  marriage  takes  place. 

It  shHll  be  lawful  for  any  married  woman,  by  herself  and  in  her  name,  or  in  the 
name  of  any  third  person,  with  his  assent,  as  her  trustee,  to  cause  to  be  insured, 
f(»r  her  sole  use,  the  life  of  her  husband  for  any  definite  period,  or  for  the  term 
of  liis  natural  life;  and  in  ca.se  of  her  surviving  her  husband,  the  sum  or  net 
amount  of  the  insurance  becoming  due  and  payable,  by  the  terms  of  the  insu- 
rance, sliall  be  payable  to  her,  to  and  for  her  own  use,  free  from  the  claims  of 
the  representatives  of  her  husband  or  of  any  of  his  creditors ;  but  sucH  exemption 
■hall  not  apply  where  the  amount  of  premium  annually  paid  shall  exceed  thi*ce 
hundred  dollars.  * 

In  case  of  the  death  of  the  wife  before  the  decease  of  her  husband,  the  amount 
of  the  insurance  may  be  made  payable,  aiter  her  death,  to  her  children,  ibr  their 
use,  and  to  their  guardian  l{  under  age. 

Kvery  married  woman,  being  a  resident  of  this  state,  who  shall  receive  a 
patent  tor  her  own  invention,  pursuant  to  the  laws  of  the  United  States,  may  hold 
and  enjoy  the  same,  and  all  the  proceeds,  benefits,  and  profits  thereof  and  of 
■Gch  invention,  to  her  own  separate  une,  free  and  independent  of  her  hu.sband 
and  his  cre<iiiors.  and  may  transfer  and  dispose  thereof,  and  in  every  respect  per- 
Ibrm  all  acts  in  relation  thereto,  in  the  same  manner  as  if  she  were  unmarried , 
but  this  act  shall  not  authorize  such  married  woman  to  contract  any  pecuniary 
(ililit'iuions  to  be  discharged  at  any  future  time. 

Wht-n  any  de^KMite  shall  be  made  in  any  savings  bank  or  institution,  by  any 
f.  nialir.  b^MU^'  or  hereafter  bccnminif  a  married  woman,  in  her  own  name,  it  shall 
bt;  Ih  wful  for  the  trustees  or  officers  of  such  bank  or  institution  to  pay  such  depos- 
itor Huch  sum  or  sums  as  may  be  due  such  female,  and  the  receipt  or  acquittance 
of  such  depositor  shall  bo  a  sufficient  legal  discharge  to  tiie  said  corporation 
therefor. 

DuwER.— A  widow  shall  be  endowed  with  the  third  part  of  all  the  lands 
whereof  her  husband  was  seized,  of  an  eatate  of  inheritance,  at  any  time  daring 
ibe  marriage. 


I 


Rate  of  Interest 


^    Th  e  lega]  rate  it  woven  per  cent.     All  contracts,  whereby  a  higher  rate  If 
re«erve<i,  are  voi<l.     Corporations  con  not  set  up  the  defence  of  usur;'. 


214 


216 


SPECIAL    LAWS    OF    NEW    JERSEY. 


NEW   JERSEY. 


ConetitutioD  adopted  1844— Square  Miles  8,320— Rppulation  in  1850  488,673. 

• 

Exemptions. 

The  following  articles  being  the  property  cf  any  one 
having  a  family  is  exempt  from  levy  and  eale  on  executioUi 
One  cow ;  one  bed  and  bedding ;  one  cradle ;  one  stove ; 
one  half  cord  of  firewood  ;  one  half  ton  of  stone  coal ;  one 
epinning-wheel ;  one  table  ;  six  chairs  ;  one  hog  ;  one  hun- 
dred weight  of  flour;  one  iron  cooking  pot;  one  dozen 
knives  and  forks;  one  dozen  plates;  one  dozen  spoons; 
one  half  dozen  bowls  ;  two  pails  ;  one  barrel ;  one  coffee* 
pot ;  one  tub ;  one  frying-pan ;  the  necessary  tools  of  a 
tradesman,  not  exceeding  in  value  ten  dollars;  and  all 
necessary  wearing  apparel. 

The  above  exemptions  apply  to  contracts  made  previous 
to  March  18.  18.51;  after  that  date,  household  goods,  chat- 
tels, and  tradesmen's  tools,  to  the  value  of  $:200,  and  all  wearing  apparel,  the  property 
of  any  debtor  having  a  family  residing  in  this  state,  shall  bo  reserved,  as  well  after  as 
before  the  death  of  the  debtor,  for  the  use  of  the  family  against  all  creditors,  and  shall 
not  be  liable  to  be  seized  or  taken  by  virtue  of  any  execution  or  civil  process  whatever, 
issued  out  of  any  court  in  this  state  (except  the  same  be  issued  in  cases  of  taxation)  on 
any  c.-;ntrnct  made  after  the  passage  of  this  act 

This  act  does  not  protect  from  sale  under  any  execution  or  process  any  goods,  chat- 
tels, or  property,  for  the  purchase  whereof  the  debt  or  demand  for  which  the  judgment 
on  which  the  execution  or  process  was  issued  shall  have  been  contracted. 

If  an  oflicer  can  not  find  sufficient  other  property  to  satisfy  an  execution,  then  a  judge 
of  common  pleas  is  to  appoint  three  disinterested  persons  to  appraise  the  goods,  with- 
out reference  to  what  they  might  bring  at  vendue,  when,  if  tlioy  amount  to  more  than 
$200.  the  debtor  is  allowed  to  select  such  as  he  may  choose  to  this  amount,  and  the  bal- 
ance to  be  sold.  The  plaintiti'  must  have  five  days  notice  of  time  and  place  of  apprais» 
ment. 

A  widow  of  a  deceased  debtor,  or  bis  administrator,  may  select  the  same  amount  tin- 
der similar-provisions. 


Mechanics'  Lien. 

Every  building  hereafter  erected  or  built  within  this  stale,  shall  be  liable  for  the  payment 
of  any  debt,  contracted  and  owing  to  any  person  for  labor  performed,  or  materials  fur- 
nished, for  the  erection  and  construction  liiereof,  which  del»t  sliall  he  a  lien  on  sucli  build- 
itifT.  and  on  the  land  whereon  it  stands,  including  the  lot  or  cuiliiage  whereon  the  same  is 
e  reeled. 

VVhsn  any  building  shall  be  erected  in  whole  or  in  part  by  contract  in  writing,  such  build- 
ing, and  ilie  land  whereon  it  stands,  shall  ha  liable  to  the  contractor  alone,  for  work  done 
or  materials  furnished  in  pursuance  of  such  contract;  provided,  such  contract  or  a  duplicate 
tliereof,  \»i  filed  in  the  otlice  of  the  clerk  of  the  county  in  which  such  building  is  situate,  be- 
fore such  work  done  or  materials  furnished  ;  and  no  building  or  land  shall  be  liable  for 
work  done  by  any  person,  not  employed  by  the  owner  or  his  agent,  on  his  account. 

If  the  master  workman  or  contractor  refuse  to  pay  any  person  for  the  materials  furnished 
or  workman  for  labor  in  the  erection  or  con.mruction  of  any  liuilding,  notice  must  be  given 
in  writinjj;  to  the  owner  of  said  buildinisf  of  the  amount  due — when  the  owner  may  retain 
I  Jd  amount  from  the  contractor  (afler  giving  him  written  notice  of  the  amount  and  demand), 
und  should  he  still  refuse  to  adjust  the  same,  the  owner  can  pay  the  claim  and  deduct  it  from 
the  amount  due  the  contractor  or  master-workman,  on  being  satisfied  of  the  correctness  of 
such  demand. 

When  buildings  are  erected  on  leased  land  by  a  tenant  without  the  written  consent  of  tbo 
owner  (and  which  if  given,  must  be  recorded  as  deeds  are)  the  building  alone  is  liable. 

To  entiiie  any  person  to  the  i)enefit8  of  this  act  he  must  within  one  year  after  the  labor  id 
iierfornied  or  nialerial.'^  are  furnished,  file  his  claim  with  the  county  clerk  of  the  county 
vvliLirein  sucii  building'  is  situated — describe  tlie  buildings  and  land — name  ilie  owner  of  the 
biller  and  the  person  for  whom  and  at  wlio.ie  request  the  labor  was  performed,  or  the  ma- 
terials furnished— state  the  amount  and  kind  of  lultor  performed  and  materials  furnished— 
.he  dates— and  at  what  prices— giving  credit  for  payments  made  thereupon  or  deductions 
ihat  ouglit  to  be  made  therefrom  striking  the  balance  due — and  if  the  price  of  labor  or  mate- 
"ials  was  agreed  upon,  stale  it 

This  liill  of  particulars  and  statement  must  by  verified  by  the  oath  of  the  claimant,  or  his 
agent  in  said  matter  setting  furili  that  llie  same  is  for  labor  dune  or  muterlali  furnisbod  ia 


SPECIAL    LAWS    OF   NEW   JERSEY.  217 

the  erection  of  the  bnildin?  described  in  the  claim,  at  the  time  therein  specifipd,  nnd  that 
the  amount  as  therein  ciaimed  is  justly  due.  If  the  claim  is  not  filed  in  the  nianner  or  with- 
in the  time  liefore  mentioned,  or  if  the  bill  of  particulars  contain  any  wilful  or  fraudulent 
wiTPSlatement  of  the  matters  above  directed  to  be  inserted  therein,  the  building  or  lands  will 
be  free  from  all  iien  for  the  matters  in  such  claim. 

The  county  clerk  must  record  tlie  same  in  the  "  Lien  Docket,"  for  which  service  his  com- 
pensation shall  be  twelve  cents  for  each  claim  or  contract  and  at  the  rate  of  eight  cents  per 
folio  for  entries  made  in  the  lien  docket— and  six  cents  for  every  search  made  in  the  office 
for  such  lien  or  contract. 

Suiu  to  recover  must  be  instituted  in  the  circuit  court  of  the  county  where  such  buildinps 
are  situated,  and  summons  must  issue  witliin  one  year  after  the  labor  is  performed  or  mate- 
rials are  fumislied.  When  judgment  is  obtained  the  eherifl"  can  advertise  aud  sell  such 
build  injjs  or  lands  to  pay  liens. 

Lniids  or  buildin;:s  may  be  discharged  from  lien,  1st,  by  payment  and  receipt  therefor 
from  the  claimant  properly  acknowledged — 2d,  by  payment"  to  tlie  county  clerk — 3d,  by  tli« 
expiration  of  the  tmie  limited  for  issuing  a  summons  on  such  lien  claims,  without  any  sum- 
mons i)eing  issued  or  without  notice  thereof  endorsed  on  said  claim — 4th,  by  filing  an  afli- 
davit  that  a  notice  from  the  owner  to  the  claimant,  requiring  such  claimant  to  commence 
«uit  in  thirty  days  from  the  service  of  such  notice  and  the  lapse  of  thirty  days  after  such 
service  witfioui'such  suit  beiwg  commenced  or  without  an  entry  of  the  time  of  issuing  sucU 
summons  l>eing  made  on  such  claims. 

When  there  are  several  or  more  than  one  lien  claim  upon  the  same  building  or  land  all 
shall  t)e  paid  pro  rata  out  of  the  proceeds  of  sale  w  hen  sold  by  virtue  of  this  act. 

The  above  provisions  apply  also  to  additions  to  buildings,  fixed  machinery,  gearing,  or 
other  fixtures  for  manufacturing  purposes.  An  amendment  to  this  act  extends  them  "  to  all 
mills  HJid  manufactories  of  whatever  description,  and  to  the  lots  of  land  or  curtilages  wher- 
.Yer  'lie  same  are  ert^ted  for  debts  by  the  owner  thereof  or  by  any  other  person  wiUi  the 
consfit  of  the  owner  in  writing,  for  work  done  or  materials  furnished  for  or  about  the  re- 
jmirinir  of  any  lixed  machinery,  or  gearing,  or  otiier  fixtures  for  manufacturing  purposes  on 
tlie  same."    iThis  does  not  cover  debts  for  repairs  or  alterations  of  the  builditiff. 

The  act  provides  the  mode  of  procedure,  if  the  land  owner  desires  to  contest  the  claim, 
nnd  to  free  his  house  and  land  from  the  lien ;  also  the  mode  of  proceeding  to  stay  other  suits 
until  judgment  ia  rendered  in  the  first  suit. 


Law  regulating  Contracts. 


No  Jeaaec,  estates,  or  interests,  or  term  or  terms  of  year  or  years,  or  any  uncertain  inter- 
est of,  "n,  to,  or  wit  of,  any  messuages,  lands,  tenements,  or  hereditaments,  shall,  at  any 
time  horeiifter,  bo  assigned,"  granted,  or  surrendered,  unless  it  be  by  deed  or  note  in  writing 
sitrned  liy  tlie  party  so  assigning,  granting,  or  surrendering  the  same,  or  his.  her,  or  tlieir 
agent  or  agents,  thereunto  lawfully^authonzed  by  writing,  or  by  act  and  operation  of  law. 

No  action  sliall  be  broucbt,  whereby  to  charge  any  executor,  or  administrator.  up<»n  any 
special  proujise  to  answer  damages  out  of  his  own  estate ;  or  whereby  to  charge  the  do- 
f'-ndant  upon  any  special  profiiise  to  answer  for  the  debt,  default,  or  miscarriages  of  anoth- 
er person;  or  locharge  any  person  upon  any  agreement  made  upon  consideration  of  tnar- 
riago  ;  ur  upon  any  contract  <fr  sale  of  lan<i«,  tenements,  or  liereditamenl.i,  or  anv  interest 
in  or  concerning  them;  or  upwi  any  agreement  that  is  not  to  be  performed  within  'the  space 
of  one  yrar  from  !h''  making  ihereor;  utiless  the  agreement  upon  which  such  action  is 
tr  i'lm  or  note  tliereof,  shall  be  in  writing  and  sijrned  by  the  party 

t  line  other  person  theretmto,  by  him  or  her  lawfully  authorized. 

ntiy  goods,  wares,  and  mercliandise,  for  the  price  of  thirty  dol- 

1  ...    sM!d  to  be  good,  except  the  Ijiiyer  shall  accept  pait  of  the  fjoods 

►  laJly  rt^ceive  the  same,  or  give  something  In  earnest  to  bind  the  bargain,  or 

I  t.  or  that  some  note  or  memorandum  in  writing  of  the  said  bargain  be  made 

t.  y  tiie  parties,  to  Jkj  charged  by  such  contract,  or  their  agents  thereunto  lawfully 

BUili((r;zea. 


Limitation  of  Actions. 

Ai.L  actionn  of  trespass,  qnarc  clansuin  fregit,  treppa.ts,  detinue,  trover  gnd  re- 
plevin, for  taking  away  of  Koods  and  cliattulfl,  all  actions  of  debt,  founded  ujiou 
any  lending  or  contract  without  ppeciaiity,  or  (or  arrearne^es  of  rent  due  on  a  pnnil 
demise,  an<l  all  actitms  of  account  and  uffon  the  case,  except  actiona  fur  slander, 
and  except  also  BU(;h  actiona  as  concern  the  trade  or  merchandise  between  mcr- 
clianta,  their  factors,  agents,  and  servants,  shall  be  commenced  within  six  years 
Dext  after  the  cause  of  action  accrued. 

Actions  of  trespass  for  assault,  menace,  battery,  woanding,  and  imprisonment, 
or  any  of  them  within  foar  years. 

Kvery  action  upon  the  case  for  words,  within  two  years  next  after  the  wordu 
apokeiu 

19 


218  SPECIAL    LAWS    OF    NEW    JERSEY. 

Minors  inaiTied  women,  and  insane  persons,  may  bring  these  actions  wilhia 
the  times  limited  respectively  after  their  disability  is  removed. 

Actions  of  debt,  or  covenant  for  rent,  or  arrearages  of  rent,  founded  upon  any 
?e?ise  under  seal,  and  actions  of  debt  upon  any  single  or  penal  bill  for  the  payment 
of  money  only,  or  upon  any  obligation  with  condition  for  the  payment  of  money 
only,  or  upon  any  award  under  the  hands  and  seals  of  arbitrators  for  the  payment 
of  money  only,  shall  be  brought  within  sixteen  years ;  but  time  of  infancy,  murriage\ 
or  iii!-:anity,  not  to  be  computed. 

'i..ime  of  defendant's  absence  from  the  state  not  to  be  computed. 

Entty  upon  lands  must  be  made,  and  action  brought  to  recover  the  possessioi 
of  iuiidd  must  be  done,  within  twenty  years. 


Collection  of  Debts. 

Arrest. — It  shall  not  be  lawful  to  arrest  or  imprison  the  person  of  any  femate, 
by  virtue  of  any  mesne  process  or  process  of  execution  in  any  civil  action. 

Any  person  airested  and  held  in  custody  in  any  civil  action  upon  mesne  pro- 
cess or  process  of  execution,  or  upon  an  attachment  for  not  i)ertbrming  an  award, 
or  suiTendered  in  discharge  of  baif  shall  be  discliarired  from  arrest  or  cusiLdy  by 
sucli  olKcer,  if  he  make  out  and  deliver  to  tiie  officer  making  the  arresc,  .ir  in 
whose  custody  he  may  be,  a  true  and  jjcrfcct  inventory,  under  uath  or  atbrraation, 
of  all  his  goods  and  chattels,  rights,  credits,  lands,  tenements,  hereditamonUs,  and 
real  estate,  and  give  bond  to  the  plaintiff  with  sufficient  security,  being  a  freehold- 
er or  freeholders  resident  in  the  county,  in  double  the  sum  for  which  he  is  arrested, 
conditioned  that  he  will  apjjcar  belbre  the  next  court  of  comnxxn  pleas,  to  be  hold- 
en  in  the  county  where  such  arrest  is  made,  and  petition  such  court  tor  the  benelit 
of  the  insolvent  laws,  tScc.  And  in  case  of  forfeiture  by  breach  of  coniiition,  the 
plaintill"  may  bring  an  action  tliereon,  and  recover  debt,  damages,  and  costs.'due  ' 
fix)m  the  person  arrested,  and  for  which  the  arrest  was  made. 

Attachment.— If  any  creditor  shall  make  oath  or  affirmation  before  any  judge 
of  any  of  the  courts  of  record  of  this  state,  or  justice  of  the  peace  of  any  county 
in  the  same,  that  he  verily  believes  that  his  debtor  absconds  from  his  creditors,  and 
Is  not,  to  his  knowledge  or  belief,  resident  in  this  state  at  the  time,  then  an  attach- 
ment shall  issue  against  the  rights  and  credits,  moneys  and  effects,  goods  and  chat- 
tels, lands  and  tenements  of  such  debtor,  wheresoever  they  may  be  found. 

And  the  writ  shall  bind  the  property  and  estate  of  the  defendant,  from  the  time 
of  executing  the  same. 

And  all  conveyances  of  the  property  attached,  made  by  the  defendant  pending 
the  attachment,  shall  be  void  as  against  the  plaizitiff,  and  the  creditors  shall  become 
parties  to  the  attachment. 


Deeds. 


If  any  deed,  or  conveyance  of  lands,  tenements,  or  hereditaments,  lyhig  and 
being  in  this  state,  heretofore  made  and  executed,  and  not  already  acknowledged 
or  [.roved  according  to  law,  or  hereafter  to  be  made  and  executed,  shall  be  ac- 
knowledged by  the  party  or  parties  who  shall  have  executed  it,  the  officer  having 
first  made  known  the  contents  thereof  to  the  person  making  such  acknowledg- 
ment, and  br-ing  also  saiisKed  that  such  person  is  the  grantor  mentioned  in  said 
deed,  of  all  which  the  said  officer  shall  make  his  certificate,  or  if  it  be  proved  by 
one  or  more  of  the  subscribing  witnesses  to  it,  that  such  party  or  parties  signed, 
scaled,  and  delivered  the  same  as  his.  her,  or  their  voluntary  act  and  deed,  before 
tlie  chancellor  of  this  state,  or  one  of  the  justices  of  the  supreme  court  of  this  state, 
or  one  of  the  masters  in  chancery,  or  one  of  the  judges  of  anv  of  the  courts  of  com- 
mon ()leas  of  tliis  state,  and  if  a  certilicate  of  such  acknowledgment  or  proof,  shall 
be  wriiten  upon  or  under  the  said  deed  or  conveyance,  and  be  8ii,'ned  by  the  per- 
Bou  belbre  whom  it  was  made,  then  every  such  deed  or  conveyance,  so  acknowl- 
edged, or  proved  and  certified,  shall  be  receiyed  as  evidenc  s  in  any  court  of  this  stato. 


8FECIAL    LAWS    OF    NFW    JERSEY  239 

Acknowledgment  or  proof  may  be  made  before  a  judge  of  the  court  of  common 
pleas  for  any  county,  whetlier  the  lauds  are  situate  in  said  county,  or  elsewhere  uf 
the  state. 

Alter  deeds  have  been  thus  acknowledged,  or  proved  and  certified,  they  may 
be  recorded  in  the  office  of  the  clerk  of  the  court  of  common  pleas,  of  the  county 
iji  which  such  lands  are  situate. 

No  estate  of  a/<?7/?we  covert,  in  any  lands,  tenements,  or  hereditaments,  lying  and 
being  in  this  slate,  shall  hereafter  pass  by  her  deed  or  conveyance  without  a  pre- 
vious acknowledgment  made  by  Ijer  on  a  private  examination,  aj<art  from  her  hus- 
band, before  one  of  the  officers  aforesaid,  that  she  signed,  sealed,  and  delivered 
the  same  as  her  voluntary  act  and  deed,  freely  without  any  fear,  threats,  or  com- 
pulsion, of  her  husband,  and  a  certiHcate  thereof,  written  on  or  under  the  said  deed 
or  conveyance,  and  signed  by  the  officer  before  whom  it  was  made:  and  farther, 
ihat  every  deed  or  conveyance  so  executed  and  acknowledged  by  Sifemine  covert, 
and  certified  as  aforesaid,  shall  release  and  bar  her  right  of  dower,  and  be  good 
and  effectual  to  convey  the  lands,  tenements,  hereditaments,  thereby  intended  to 
be  conveyed :  provided,  that  this  clause  shall  not  be  construed  to  enable  any 
femme  covert,  under  the  age  of  twenty-one  years,  to  convey  lands,  tenements, 
hereditaments,  or  any  right  of  dower,  interest,  or  es«:ate  therein. 

If  the  grantor  reside  in  some  other  of  the  United  States,  or  territory,  or  District 
of  Columbia,  such  acknowledgment  or  proof  may  be  made  before  the  chief  justice 
of  the  United  Slates,  or  an  associate  justice  of  the  supreme  court  of  the  United 
States,  or  di:«trict  judge  of  the  same,  or  any  judge  or  justice  of  the  supreme  or  su- 

f)erior  court  of  any  state  in  the  Union,  or  territory  tliereof,  or  in  the  District  of  Co 
uinbia,  or  jud^e  of  any  district  or  circuit  court,  or  chancellor,  of  any  of  the  Uni- 
ted Stntes,  or  before  any  mayor,  or  any  other  chief  magistrate  of  any  city  in  such 
Slate,  district,  or  territory,  duly  certified  under  the  seal  of  such  city,  or  befbre  a 
jmlge  of  any  court  of  common  pleas,  of  the  state,  district,  or  territory,  in  which 
sucti  party  or  witnesses  may  he;  provided,  that  where  the  acknowledgment  or 
proof  is  made  before  a  judge  of  a  court  of  common  pleas,  in  such  state,  district,  or 
territory,  a  cerlilicate  under  the  great  seal  of  the  state,  or  under  the  seal  of  the 
county  court  in  which  it  is  made  that  he  is  such  officer,  shall  be  deemed  sufficient 
evidence  of  his  authcjrity  for  that  purj>ose,  and  be  annexed  to,  and  recorded  with 
sucfi  deed,  acknowledgment,  or  proof. 

When  made  by  a  parly  residing  in  a  foreign  state,  kingdom,  nation,  or  colony, 
if  made  before  any  court  of  law,  or  mayor,  or  other  chief  magistrate  ^f  any  city, 
borough,  or  corporation,  of  the  said  foreign  kingdom,  &.c.,  certified  by  the  said 
rotirt,  mayor,  or  chief  magistrate,  in  the  manner  such  acts  are  usually  authentica- 
ted by  them  or  him,  it  shall  be  as  valid  as  if  made  before  a  justice  of  the  supreme 
Ujurt  of  this  state. 

The  afx)ve  two  sectioni  comprehend  acknowledgments  of  deeds  or  convey- 
ances ma<le  l)y  married  women  residing  out  of  this  state  in  any  part  of  the  Union, 
or  in  a  foreign  country. 

Form  of  Acknowledgment, 
State  of  New  Jersey, 


late  of  New  Jersey,  ^ 

County  of  Essex,  >  ««. 

Town  of  Rahirny,) 
On  this  first  dav  of  Ortoher,  t 


frst  day  of  Ortoher,  one  thousand  eight  hundred  andjifty,  before  mo 
prrs».iially  came  John  Dok  find  Svhas  his  wife,  to  me  known  to  be  the  persons 
'!««<Tibed  in  and  wlto  execute*!  the  foregoing  conreynnce;  and,  having  first  mado 
own  to  th«"m  the  contents  thereof,  thoy  acknowleilged  that  tliey  executed  the 
-no,  ntid  the  said.  St'SAN,  on  a  private  exoniinotiou,  opart  from  her  hvshnnd^ 
r  Ktiinrlcdircd  that  she  g^iffned,  sealed,  and  de/ivered  Ike  same  as  her  voluntary  act 
end  deed,  freely,  and  wilhoul  any  fear,  tkreata,  or  compulsion  of  her  hnsl>nnd. 

JOHN  JONI^S. 
Justice  of  the  Supreme  Court. 

Where  there  ts  no  wife,  the  part  referring  to  hor  should  be  omitf<Ml. 
Deeds  should  be  sealed;  a  icrawl  witJi  the  pen  has  been  held  valid  in  place 
')  a  seal. 


^20  SPECIAL  LAWS  OF  NEW  JERSEY. 

Rights  of  Married  Women. 

It  shall  be  lawful  tor  any  married  woman,  by  herself,  and  in  her  name,  cr  in 
the  name  of  any  third  person,  with  his  assent,  as  her  trustee,  to  cautje  to  be  in- 
spired, for  her  sole  use,  the  life  of  her  husband  for  any  definite  period,  or  for 
the  term  of  his  natural  life ;  and  in  case  of  her  surviving  her  kusband,  the  mim 
or  net  amount  of  the  insurance  becoming  due  and  payable  by  the  terms  of  the  in- 
surance shall  be  payable  to  her,  to  and  for  her  own mse,. free  from  the  claims  of 
the  representatives  of  her  husband  or  his  creditors;  but  such  exemption  shall  not 
apply  where  the  amount  of  premium  annually  paid  shall  exceed  one  hundred 
dollars. 

In  case  of  the  death  of  the  wife  before  the  decease  of  the  husband,  the  amoant 
of  the  insurance  may  be  made  payable,  after  the  death,  to  her  children,  for  their 
use,  and  their  guardian,  if  under  age. 

Dower. — The  widow,  whether  alien  or  not,  of  any  person,  shall  be  endowed, 
for  the  term  of  her  natural  life,  of  the  one  full  and  equal  third  part  of  all  the  lands, 
tenements,  and  other  real  estate,  whereof  her  husband,  or  any  other  to  his  use, 
was  seized  of  an  estate  of  inheritance  at  any  time  during  the  coverture,  to  which 
she  shall  not  have  relinquished  her  right  of  dower,  by  deed  executed  and 
acknowledged  in  the  manner  prescribed  by  law  for  that  purpose. 


Rate  of  Interest. 

The  legal  rate  of  interest  is  six  per  cent,  and.  contracts  for  a  higher  rate  are 
void.  Persons  taking  a  higher  rate  shall  forfeit  tb^  whole  value  of  the  subject- 
matter  of  the  contract — one  half  to  the  state,  one  half  to  the  prosecutor. 

TIr^  Irgfil  rate  is  seven  per  cent,  in  HuiJson  and  Essex  counties  and  the  city  of  Patir- 
6on,  if  one  or  both  the  contracling  psirties  reside  therein.- 


"WiUs. 

All  last  wills  and  testaments  of  persons  dyiTiir  after  March  7.  1850,  shall  be  in  WT-iHng, 
and  shall  be  siprned,  or  acknowledged  to  have  been  signed,  by  the  testator,  and  deelR-ed 
to  be  his  or  her  last  will,  in  the  presence  of  at  least  two  credible  witnesses  present  at  the 
same  time,  who  shall  subscribe  their  names  thereto  as  witnesses  in  the  presence  of  the 
testator  ;  and  no  will  or  testament  of  personal  estate,  made  after  this  act  shall  take  effect, 
by  a  pei'son  Within  the  age  of  twenty -one  years,  shall  be  good  or  effectual  in  law. 


Homestead  Exemption. 

§1.  In  addition  to  the  property  now  exempt  from  sale  under  execution,  there  shall  be 
exempt  by  law  from  sale  or  execution  for  debts  hereafter  contracted,  the  lot  and 
buildings  thereon  occupied  as  a  residence  and  owned  by  the  debtor,  being  a  houselioMer 
and  having  a  family,  to  the  value  of  one  thousand  dollars ;  such  exemption  shall  continue 
after  the  death  of  such  householder  for  the  benefit  of  the  widow  and  family,  some  or  one 
of  them  continuing  to  occupy  such  homestead,  until  the  youngest  child  shall  bec>)mn 
twenty-one  years  of  age,  and  until  the  death  of  the  widow;  and  no  release  or  waivei 
of  such  exemption  shall  be  valid. 

A  notice  of  the  design  to  hold  the  property  as  a  homestead  must  be  executed  and  re 
corded  with  the  clerk  of  the  county  whf^re  the  property  is  situated,  and  published  onw 
a  week  for  six  weeks  in  a  newspaper  published  in  the  county,  or  in  the  newspaper 
published  nearest  the  same ;  but  no  property  shall  liy  virtue  of  this  act  be  exempt  from 
sale,  for  non-payment  of  taxes  or  assessments,  or  for  any  labor  done  thereon,  or  materialn 
furnished  therefor,  or  for  a  debt  contracted  for  the  purchase  thereof,  or  prior  to  tht 
recording  of  the  aforesaid  deed  of  notice. 

The  act  provides  for  the  sale  or  division  of  the  homestead  on  execution,  when  its  value 
exceeds  one  thousand  dollars,  by  six  appraisers. 

7.  And  be  it  enacted,  That  in  case  any  lot  and  buildings  have  been  declared  according 
to  the  provisions  of  this  act,  a  homestead,  it  shall  be  reserved  as  such  for  the  use  of  the 
family,  and  shall  not  be  sold,  aliened,  or  encumbered  by  the  owner  thereof,  nor  leased 
for  a  longer  term  than  one  year;  and  any  such  sale,  alienation,  tncumbrance,  or  leasing 
shall  be  void,  unless  the  same  be  made  with  the  ftdl  consent  of  the  wi:'e  or  husband 
of  said  owner  (if  he  or  she  have  any),  by  deed  duly  acknowledged,  and  unless  the 
consideration  paid  for  the  same  be  its  full,  fair  valne,  and  the  same,  or  one  thousand 
dollars  thereof  shall  be  actually  invested  in  the  purchase  of  other  lands  and  buildings, 
declared  to  be  a  homestead  in  the  manner  herein  provided,  and  the  title  of  eudi  purchas»T 
(hall  not  be  good  until  such  purchase-money  is  so  invested,  and  also  except  in  cases 
where  such  householder  has  removed  out  of  the  state;  nor  shall  any  homestead  be 
rented  .',mu  or  leased  inr  any  time  without  the  consent  oi  the  wife  of  the  owner. 

Aoprovcd,  March  17,  1852 


dPBCIAL    LAWa    OF    PENNSYLVANIA.  221 


PENNSYLVANIA. 

CmBtitutJon  adopted  1838.— Square  Miles  46,000 — Population  in  1850,  ?^:n\,^3f^. 


Exemptions. 

By  a  law  that  took  effect  July  4th,  1 849,  it  was 
enacted  that,  in  lieu  of  the  property  then  exempt 
by  law  from  levy  and  sale  on  execution,  issued 
upon  any  judgment  obtained  upon  contract  and 
distress  for  rent,  property  to  the  vahie  of  three 
hundred  dollars  ($300)  exclusive  of  all  wearing 
apparel  of  the  defendant  and  his  family,  and  all 
bibles  and  school-books  in  use  in  the  family  (which 
shall  remain  exempt  as  heretofore),  and  no  more, 

owned  by  or  in  t^e   possession  of  any  debtor,  shall  be  exempt  from   levy 

and  sale  on  exct-utic  n  or  distress  for  rent. 


Mechanics'  Lien. 

Every  huildina  erected  within  the  counties  of  Allegany,  Armstronp,  Beaver, 
Bedford,  Berks,  Hacks,  Bailer,  Cambria,  Centre,  Chester,  Clearfield,  Columbia, 
Crawford,  Cumberland,  Dauphin,  Delaware,  Erie,  Franklin,  Huntintrdon,  Indi- 
ana, Juniata,  Lancaster.  Lebanon.  Luzerne,  Ly<nniinf?,  Mercer,  Miillin,  Mont- 
gomery, Northuniberlaud,  Perry,  Philadelphia,  bchuylkill,  Somerset,  Susquehan- 
nah,  Tiopa,  Union,  Venango,  Warren,  Washinirtf)n,  York,  and  the  boroughs  of 
Easlon,  Lehigh,  Bradford,  Monroe,  Greene,  Clinton,  Carion,  M'Kean,  Wayne, 
Fayette,  Potter,  Jefferson,  and  Northampton,  shall  be  subject  to  a  lien  for  the 
payment  of  all  debts  contracted  for  work  done,  or  materials  furnished  for  the 
•ame ;  exfending  also  to  the  ground  necessary  for  tl)e  ordinary  and  usual  pur- 
pores  of  the  building.     Extended  to  Carbon  county. 

This  lien  shall  be  preferred  to  everj-  other  lien  attaching  subsequent  to  the 
commencement  of  such  buihling. 

A  staft-meot  of  the  demand  must  he  filed  in  the  office  of  the  prothonotary  of 
th«  court  of  ctjmmon  pleas  of  tlio  county  where  the  building  is  situate. 

('nleis  such  fltatement  be  filed,  lien  shall  not  continue  for  more  than  six  monthf.* 

Lien  expires  at  the  end  uf  five  years  from  tlie  day  of  filing  the  statement,  ua- 
lesH  renewed  V»y  xrire  ff/cins. 

T\)'-  '         '  r  labor  and  materials,  in  mnny  of  the  counties,  have  a  lien  for 

six  X:  I  ■■  work  is  done  or  the  material  fiiriiisbecL     This  lien  may  bo 

"xt.M-  irs  by  filing  tlie  cla'm  in  the  proper  oflioe.  and  by  proper  legal 

pnM<s^  1.  <1. 

Ti.  's.  mschinery,  and  fixtures,  erected  by  tenants  of  coal-leases 

on  laii  1  ill  the  county  of  Schuylkill,  are  subject  to  a  lien  ill  favor  of  me- 

clianicMBitd  inaleriHl-mendoinK  work  and  lumishing  nintfrials  therefor;  provided 

that  the  lion  hereby  created,  shall  extend  only  to  the  inlerest  of  tlie  tenant  ihcrela 

19» 


*****i^mmg*»f 


'IffllSYliMlM.  * 


222 


0 


'^awenceX. 
Tiogct. 
T    I    O    G]\A 

\]Blossbui 


XVANIA. 


40  50         GOMOcs 


xTiens    i 

'•  n  R  A  dITf  O  R  D  V-^'*^"''*^ 

',  B  R  A  U3ir  w  n.  w  y  ©Mdnlrose  1         ,    ^ 

^^^^2il3:^?V  V'S  U  S  Q  U  E  MA  N  N  i^^^'^^^^^' 
\     Iowamlgr\^a7\/st/i^    Z)t/Virfa/-J5  "l^A  Y  N  E 
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224:  SPECIAL    LAWS    OF    PENNSYLVANIA. 

Law  regulating  Contracts. 

At.L  leases,  and  estates,  and  interests  in  lands,  except  leases  for  three  years,  must  be  in 
writin<',  and  signed  by  the  parties  so  making  or  creating  the  same,  of  their  agents  there- 
unto lawfully  authorized  by  writing,  or  they  will  have  the  effect  of  leases  at  will  only. 

No  action  shall  be  brought  whereby  to  charge  any  executor  or  administrator,  upon  any 
nromise  to  answer  damages  out  of  hia  own  estate,  or  whereby  to  charge  the  defendant 
UDon  anv  special  promise,  to  answer  for  the  debt  or  default  of  another  ;  or  to  charge  any 
nerson  upon  any  agreement  made  fipon  consideration  of  marriage ;  or  upon  any  contract 
for  the  sale  of  lands,  tenements,  or  hereditaments,  or  any  interest  in  or  concerning  tliem ; 
or  upon  any  agreement  that  is  not  to  be  performed  within  the  space  of  one  year  from  the 
makino-  thereof;  unless  the  agreement  upon  which  such  action  shall  be  brought,  or  some 
memonindum  or  note  thereof  shall  be  in  writing  and  signed  by^he  party  to  be  charged 
therewith,  or  some  other  person  by  him  authorized.  r,i:^,„e„c. 

No  contract  for  the  sale  of  any  goods,  wares,  or  merchandise,  for  the  price  of  thirty-tive 
dollars  or  upward,  shall  be  allowed  to  be  good,  unless  the  buyer  shall  accept  part  of  the 
eoods  so  sold,  and  actually  receive  the  same,  or  give  something  in  earnest  to  bind  the  bar- 
lain  or  in  part  pavment,  or  unless  some  note  or  memorandum  m  writing,  of  the  said  bar- 
gain' shall  be  made  and  signed  by  the  parties  to  be  charged  by  such  contract,  or  by  Uieir 
agents,  thereunto  lawfully  authorized.  ,  „  ,.  .  .•  „o„ 

No  person  or  company  engaged  in  the  business  of  fbrwarding,  or  transporting  goods, 
wares;  and  merchandise,  shall  be  made  liable  in  any  proceedings  in  attachment  as  gar- 
nishee or  otherwise,  when  such  goods,  wares,  or  merchandise,  are  an  transitu,  and  at  the 
time  of  service  of  process  beyond  the  lintits  of  this  c 
fiion,  or  fraud,  on  the  part  of  such  person  or  company, 


time  of  service  of  process  beyond  the  lintits  of  this  commonwealth,  without  default,  collu- 
the  "       ' 


Limitation  of  Actions. 

Entry  can  not  be  made  into  lands  after  twenty-one  years  after  the  right  accrued,  nor 

any  suit  brought  to  recover  possession.  .  ,  ,  /,.      .v,   •    j>     i,-,-.    : 

Infants,  married  women,  and  persons  imprisoned,  have  ten  years  after  their  disability  is 

"^^AlTactions  upon  the  case,  other  than  for  slander;  actions  of  account  (other  than  such 
accounts  as  concern  the  trade  of  merchandise  between  merchants,  their  factors  and  ser- 
vants); actions  of  debt  founded  upon  any  lending  or  contract  without  specia  ly;  for  arrear- 
ages of  rent,  except  the  proprietaries'  quit-rents  ;  actions  of  detinue  and  replevin  for  goods 
and  chattels;  actions  of  trespass,  quart  clausum  /regit,  must  be  brought  withm  six  years 
after  the  cause  of  action  accrued.  ,.       .        .  ,  ,.. 

Actions  of  trespass,  of  assault,  menace,  battery,  wounding,  imprisonment,  or  any  of  them, 
must  be  brought  within  two  years.    Actions  upon  the  case  for  words,  withm  one  year  next 

"  pLro^'s  en^tUled°to  recover  damage  for  any  injury  causing  death,  shall  be  the  husband, 
widow,  children,  or  parents,  of  the  deceased,  and  no  other  relative.  The  action  shall  bo 
brought  within  one  year  after  the  death,  and  not  thereafter.      ,^  .     ,  „    ,  u  ■      \u„ 

Infants,  married  women,  persons  imprisoned  or  out  of  the  United  States,  may  bring  the 
above  actions  within  the  times  respectively  limited  after  their  disability  is  removed. 


Collection  of  Debts. 

Arrest —Arrest  is  abol^ghed,  except  in  proceeding  as  for  contempt  to  enforce  civil 
remedies  ;  action  for  fines  or  penalties,  or  on  promises  to  marry  ;  on  moneys  collrctt-d 
by  any  public  officer,  or  for  any  misconduct  or  neglect  in  office  or  m  any  professional 

But  yet,  in  other  cases,  if  the  party  is  about  to  remove  any  of  his  property  out  of  the 
jurisdiction  of  the  court  in  which  such  suit  is  brought  with  intent  to  defraud  his  credi- 
tors, or  has  property  which  he  fraudulently  conceals,  or  has  rights  m  action  or  some  in- 
terest in  anv  public  or  corporate  stock,  money,  or  evidence  ot  debt,  which  he  unjustly 
refuses  to  apply  to  the  payment  of  any  judgment  which  .shall  have  been  rendered  ag'nnst 
him-  or  has  jissigned,  removed,  or  disposed  of,  or  is  about  to  dispose  of,  any  ot  his 
property,  with  the  intent  to  defraud  his  creditors ;  or  has  fraudulently  contracted  the 
delit  or'incurred  the  obligHtion  respecting  which  suit  is  brought,  he  may  be  arrested. 

Attachment.— Property  of  defendant  may  be  attached  when  he  is  about  to  remove 
any  of  it  from  the  county  with  intent  to  defraud  his  creditors,  or  has  assigned,  disposed 
of  or  secreted,  or  is  about  to  assign,  dispose  of,  or  secrete,  any  of  it,  with  the  like  Iraudu- 
If  nt  intent ;  and  also  if  the  debtor,  being  an  inhabitant  of  the  state,  shall  have  absconded 
from  the  place  of  his  usual  abode,  or  shall  have  remained  ahrirnt  from  this  common- 
wealth  or  shall  have  confined  himself  in  his  own  house,  or  concealed  himself  elsewhrre 
with  design  to  defraud  his  creditors  ;  and.  if  v<>t  an  inhabitniit,  shall  confine  or  conceal 
himself  within  the  county,  with  intent  to  avoid  the  service  of  process,  and  to  defraud  hiB 
creditors. 


S.'ECJAL    LAWS    OF    PENNSYLVANIA.  225 

Deeds. 

All  deeds  and  conroynnces  of  lands,  tenements,  or  hereditaments,  shall  be  acknowl- 
fHiged  by  one  of  the  grantors,  or  proveui  by  one  of  the  subscribini?  witnesses,  before 
one  of  the  judges  of  the  supreme  court,  or  alderman  of  a  city,  or  before  a  justice  of  the 

Kace,  or  one  of  the  justices  of  the  court  of  common  pleas,  of  the  county  whure  the 
id<4  lie,  and  shall  be  recorded  in  the  office  for  recording  of  deeds  in  the  county  where 
■uch  lands  lie,  within  six  months  after  the  execution  of  such  deeds. 

Acknowledgment  by  husband  and  wiJe  must  be  made  before  one  of  the  judges  ot  tho 
•uprerae  court,  or  alderman  of  a  city,  or  a  justice  of  the  peace,  or  justice  of  the  county 
court  of  common  pleas,  of  and  for  the  county  where  such  lands  lie,  who  shall  exumiue 
the  wife  separate  and  apart  from  her  husband,  and  shall  read  or  otherwise  make  known 
the  full  contents  of  such  dt-ed  o"  conveyance  to  the  said  wife ;  and  if,  upon  such  sepa- 
rate examination,  she  shall  declare  that  she  did,  voluntarily  and  of  her  own  free  will 
and  accord,  seal,  and  as  her  act  and  deed  deliver,  the  said  deed  or  conveyance,  without 
any  coercion  or  compulsion  of  her  said  husband,  the  conveyance  shall  be  valid. 

The  mayor  and  recorder  of  Philadelphia  may  take  proof  and  acknowledgment  of 
deeds  ;  and,  i.->.  other  states,  commissioners  of  deeds  appointed  by  the  governor  of  Penn- 
ylvania.    A  scrawl  of  the  pen  is  recognised  aa  a  seal.    Two  witnesses  are  necessary. 

Forjn  of  Ackiwwled.gm.eid. 
Commonwealth  of  Pennsylvania,  \ 
County  of  Philndclphia.  )    ' 

Be  it  remembered  that  on  this  tenth  day  of  April,  A.  D.  one  thousand  eight  hundred  and 

fifty  on/!,  before  me  the  subscriber,  qjjistice  of  iht  peace  of [or,  judge  of,  tfC.,  or  otu 

of  the  aldermen  of  the  city  of )  personally  anpeared  John  Doe,  the  grantor  in  the 

foregoing  indenture^  deed,  or  conveyance,  nHined  and  in  due  form  of  law  acknowledged 
the  said  mdenture  to  be  his  act  and  deed,  and  desired  that  the  sftrae  as  such,  might"  bo 
r»»corded  according  to  law.  In  testimony  whereof  I  have  hereunto  set  my  hand  and 
seal  the  day  and  year  last  abovenamed.  JOHN  JONES,  (seal.) 

Justice  of  the  Peact^  6T  Judge,  or  Alderma?!,,  as  the  case  may  bft. 

The  Form  when  the  Wife  joins  with  the  Husband. 
Com.  of  Penn.,  county  of  Berks,  ss.  Be  it  remembered  that  on  this  ^enth  day  of  May, 
A.  D.,  185-,  before  me  the  subscriber,  a  justice  (fc.  [or  judge,  or  alderman,  as  above]  of 
the  county  aforesaid,  personally  appeared  John  Rok  and  .Susan  Roe  his  wife,  grantors 
in  the  above  indenture,  deed,  or  conveyance,  named,  and  in  due  form  of  law  severally 
acknowledffed  the  foregoing  indenture,  deed,  or  conveyance,  to  be  their  act  and  deed, 
and  desired  that  the  same,  as  such,  might  be  recorded  according  to  law.  She,  the  said 
ScsAN  Roe  being  of  full  age,  separate  and  apart  from  her  said  husband,  by  me  thereon 
privately  examined,  and  the  full  contents  Uiereof  being  by  me  first  made  knowi  to  her, 
did  declare  and  say,  that  she  did,  voluntarily,  and  of  her  own  free  will  and  accord,  sign, 
•cal,  and  as  her  own  act  and  deed,  deliver  the  foregoing  indenture,  deed,  or  convey 
■nee,  without  any  coercion  or  compulsion  of  her  said  husband. 

In  testimony.  Sec  JOHN  JONES,  Justiu^  tfc  (Seal\ 


Rights  of  Married  Women. 

KvKBT  species  and  description  of  property,  whether  consisting  of  real,  personal,  or 
mixed,  which  may  be  owned  by  or  belong  to  any  single  woman,  shall  continue  to  be 
the  property  of  such  woman  aa  fully  after  her  marriage  aa  before;  and  all  such  prop- 
erty, of  whatever  name  or  kind,  which  shall  accrue  to  any  married  woman  during  cov- 
erture by  will,  dcscont,  deed  of  conveyance,  or  otherwise,  shall  be  owned,  used,  and 
♦njoyed,  by  such  married  woman,  as  her  own  separate  prf^)eny ;  and  the  said  proper- 
ty, whether  owned  by  her  before  marriage,  or  which  shall  accrue  to  her  afterward,  shall 
oot  be  subject  to  levy  and  execution  for  the  debts  or  liabilities  of  her  husband,  nor  shall 
such  prop«'rty  be  sold,  conveyed,  mortgaged,  transferred,  or  in  any  manner  encum- 
Ix-red,  by  her  husband,  without  her  writt'in  consent,  first  had  and  obtained,  and  duly 
a<-knr>wlMged  before  one  of  the  judges  of  tlio  courts  of  common  pleas  of  this  common- 
wealth, that  such  consent  was  not  the  result  of  coercion  on  the  part  of  her  saidhus- 
Vnd.  but  that  the  same  was  voluntarily  given  and  of  her  ownn  free  will :  provided  that 
lier  said  hu.«band  shall  not  bo  liable  for  the  debts  of  the  wife  contracterl  bt-forc  mar- 
riac"  :  prn'.i,!.-,)  that  iiurhiiii.'  in  this  act  shall  be  construed  to  proti-ct  the  property  of  any 
■n-ii  iility  for  debts  contracted  by  herself,  or  in  her  name  by 

■ny  •.  or  from  levy  and  execution  on  any  judgment  that  may 

he  ."  .  1  fur  the  wrongs  of  the  wife,  and  in  such  cases  execution 

•haii  00  nri»t  nau  agajnst  itrn  property  of  tho  wile. 


226  SPECIAL   LAWS    OF    PENNSYLVANIA. 

Any  married  woman  may  dispose,  hy  her  last  will  and  testament,  of  her  sepa- 
rate property,  real,  personal,  or  mixed,  whetlier  the  same  accrues  to  her  before  or 
during  coverture  :  provided  that  said  last  will  and  testsment  be  executed  in  the 
presence  of  two  or  more  witnesses,  neither  of  whom  shall  be  her  husband. 

In  all  cases  where  debts  may  be  contracted  for  necessaries  for  the  support  and 
maintenance  of  the  family  of  any  married  woman,  it  shall  be  lawful  for  the  cred- 
itor in  such  case  to  institute  suit  against  the  husband  and  wife  for  the  price  of  such 
necessaries,  ami,  after  obtaining  a  judgment,  have  an  execution  against  the  hus- 
band alone ;_  and  if  no  property  of  the  said  husband  be  found,  the  officer  executing 
the  said  writ  shall  so  return,  and  thereupon  an  alias  execution  may  be  issued, 
which  may  be  levied  upon  and  satisfied  out;  of  the  separate  property  of  the  wife, 
lecured  to  her  underthe  provisions  of  the  first  section  of  this  act:  provided  that 
judgment  shall  not  be  rendered  against  the  wife  in  such  joint  action  unless  it  shall 
rtave  been  proved  that  the  debt  sued  for  in  such  action  was  contracted  by  the 
wife,  or  incurred  for  articles  necessary  for  the  support  of  the  family  of  the  said 
husband  and  wife. 

Act  of  1 855. — The  power  of  any  married  woman  to  bequeath  or  devise  her  prop- 
erty by  will,  shall  be  restricted,  as  regards  the  husband,  to  the  same  extent  as  tha 
husband's  power  so  to  dispose  of  his  property  is  restricted  as  regards  the  wife, 
namely,  so  that  any  surviving  husband  may,  against  her  will,  elect  to  take  such 
share  and  interest  in  her  real  and  personal  estate  as  she  can  when  surviving  elect 
to  take  against  his  will  in  his  estate,  or  othervwse  to  take  only  her  real  estate  as 
tenant  by  the  courtesy  ;  provided,  that  nothing  herein  contained  shall  affect  the 
right  or  power  of  the  wife,  by  virtue  of  any  authority  or  appointment  contained 
in  any  will  or  deed,  to  grant,  bequeath,  and  devise,  as  heretofore,  any  property 
held  in  trust  for  her  sole  and  separate  use. 

Whensoever  any  husband,  from  drunkenness,  profligacy,  or  other  cause,  shall 
neglect  or  refuse  to  provide  for  his  wife,  or  shall  desert  her,  she  shall  have  all  the 
rights  and  privileges  secured  to  a  femvie  sole  trader,  under  the  act  of  February 
22,  1818,  and  be  subject  as  therein  provided,  and  her  property,  real  and  personal, 
howsoever  acquired,  shall  be  subject  to  her  free  and  absolute  disposal  during  life, 
or  by  will,  without  any  liability  to  be  interfered  with  or  obtained  by  such  hus- 
band, and  in  case  of  her  intestacy  shall  go  to  her  next  of  kin,  as  if  he  were  previ- 
ously dead. 

Whensoever  any  husband,  or  father,  from  drunkenness,  profligacy,  or  other  cause, 
shall  neglect  or  refuse  lo  provide  for  his  child  or  children,  the  mother  of  such  chil- 
dren shall  have  all  the  rights,  and  be  entitled  to  claim,  and  be  subject  to  all  the 
duties  reciprocally  due  between  a  father  and  his  children,  and  she  may  place 
them  at  employment  and  receive  their  earnings,  or  bind  them  to  apprenticeship, 
without  the  interference  of  such  husband,  the  same  as  the  father  can  now  do  by  law. 


Rate  of  Interest. 

The  legal  rate  of  interest  is  six  per  cent.  Usurious  interest  can  not  be  recov- 
ered ;  and  if  paid,  may  be  recovered  back;  but  usury  does  not  render  the  entire 
contract  void. 

When  any  railroad  or  canal  company  has  borrowed  money,  and  given  a  bond 
or  other  evidence  of  indebtedness  in  a  larger  sum  than  the  amount  actually  re- 
ceived, such  transactions  shall  not  be  deemed  usurious. 


WiUs. 


Wills  must  be  in  writing ;  and.  unless  the  per.son  making  the  same  shall  be 
prevented  by  the  extremity  of  his  last  sickness,  shall  be  signed  by  him  at  the 
end  thereof,  or  by  some  person  in  his  presence  and  by  his  express  direction,  and 
in  all  cases  shall  be  proved  by  the  oaths  or  affirmations  of  two  or  more  competent 
witnesses. 


SPECIAL    LAWS    OP    DELAWARE.  227 


DELAWARE. 

CoMtituaon  adopted,  1831.— Square  Miles,  2,100.— Population  in  1850,  91,407. 


Law  reguJating  Contracts. 

All  promises  aiid  assumptions  whereby  any  perscH: 
shall  undertake  to  answer  or  pay  for  the  default,  debt, 
or  miscarriage,  of  another,  any  sum  under  five  dollars, 
being  proved  by  the  oath  or  affirmation  of  the  person 
or  persons  to  whom  such  promise  and  assumption  shall 
be  made,  are  hereby  declared  to  be  good  and  available 
in  law  to  charge  the  party  or  parties  making  such  prom- 
ise or  assumption. 

No  aation  diall  be  brought  whereby  to  charge  any 
executor  or  administrator,  upon  any  special  promise,  to 
answer  damages  out  of  his  own  estate ;  or  whereby  to 
charge  any  defendant,  upon  any  special  promise,  to  an- 
•wer  for  the  debt,  defaalt  or  misnarriat?e  of  another  person,  of  the  value  of  five  dol- 
lars and  not  exceeding  twenty-five  dollars,  unless  such  promise  and  assumption 
shall  be  proved  by  the  oath  or  affirmation  of  one  credible  witness,  or  some  memo- 
randum or  note  in  writing  shall  be  signefl  by  the  party  to  be  charged  therewith. 
No  action  shall  be  brought  whereby  to  charge  any  person  or  persons  upon  any 
agreement  made  upon  considerations  of  marriage,  or  upon  any  contract  or  sale  of 
lands,  tenements,  or  hereditaments,  or  any  interest  in  or  concerning  them,  or  upon 
any  agreement  that  is  not  to  be  perfonned  within  the  space  of  one  year  from  tiie 
m.ikiMg  thereof;  or  to  charge  any  person  or  persons  whereby  to'answer  for  the 
debt,  default,  or  miscarriage,  of  another,  in  any  sum  of  the  value  of  twenty-five 
dollars,  and  upward,  unless  the  same  shall  be  reduced  to  writing  or  some  memo- 
randum or  note  thereof  shall  be  signed  by  the  party  or  parties  to  be  charged 
therewith,  or  some  other  person  thereunto  by  him  or  them  lawfully  authorized, 
except  for  goo<l8,  wares,  and  merchandise,  sold  and  delivered,  and  other  items 
which  be  and  are  properly  chargeable  in  an  account,*  in  which  case  the  oath  or 
affirmation  of  the  plaintiff,  together  with  a  book  regularly  and  fairly  kept,  shall 
be  allowed  in  all  cases  to  be  given  in  evidence,  in  order  to  charge  the  defendant 
or  defcadanta  with  the  sum  or  sums  therein  contained. 


Limitation  of  Actions. 

Actions  for  recovery  of  lands  must  be  brought  and  entry  made  within  twenty 
years  next  after  tha  right  of  action  accrued. 

Infants,  married  women,  non  corapos-mentls,  or  a  prisoner,  may  within  ten 
years  next  after  the  removal  of  their  disability. 

No  action  of  trespass,  replevin,  detinue,  debt  not  founded  upon  a  record  or  spe 
cinlty.  of  arcoHiit,  of  assumpsit,  upon  the  case,  shall  be  brought  after  the  expira- 
tion of  three  years  from  the  accruing  of  the  cauHO  of  action. 

In  case  of  mutual  and  ninning  account,  limitation  not  to  begin  while  fno  ao- 
oount  continues  open  and  current. 

*  Items  of  canh  are  not  properly  clHirgeablo  in  account.  SinittI  vs.  M*Beath :  K^t's  Com 
f\ti»M,  Strr.  leini.  lUU. 


t^28 


Q.^.V^^'^^^^.^{^^#.^iyX^.CJ^^  ^  ^^ 


>2P 


230  SPECIAL    LAWS    OF    DELAWARE. 

When  the  action  arises  from  a  promissory  note,  bill  of  exchange,  or  on  ac- 
knowledgment under  the  hand  of  the  party,  of  a  aabsisting  demand,  llie  action 
may  be  commenced  at  any  time  within  six  years. 

Those  under  the  disability  of  infancy,  coverture,  or  incompetency  of  mind,  to 
have  tliroe  years  aiier  the  removal  of  such  incompetency. 

Tiie  time  the  defendant  ip  .-(ut  of  the  state,  to  be  deducted  ;  and  in  ever>'  such 
case,  one  year  after  his  return  to  be  allowed,  when  the  cause  of  action  arit-ea  in 
this  state. 


Exemptions.  * 

Thk  following  goods  and  chattels,  the  property  of  the  white  citizens  of  this 
Btate,  are  exemj-t  from  execution  process,  and  distress  for  rent,  to  wit :  the  ne- 
cessary wearing  apparel  of  the  debtor,  and  of  his  wife  and  children,  one  bedstead, 
bed,  and  the  necessary  bedding  for  every  two  persons  of  the  family,  one  iron 
stove  used  for  warming  the  dwelling  house,  and  fuel  not  exceeding  the  value  of 
five  dollars,  procured  and  designed  for  the  use  of  the  family;  the  bibles,  ar.d 
school-books,  used  in  the  family  ;  one  cow,  one  swine  and  one  ton  of  hay  ;  the 
library  and  tools  or  implements  of  the  debtor  necessary  for  carrying  on  his  pro- 
fession, trade  or  business,  not  exceeding  fifty  dollars  in  value  ;  rights  of  burial  and 
tombs  while  in  use  as  repositories  for  the  dead  ;  other  household  furniture  neces- 
sary for  the  debtor  and  his  family  not  exceeding  twenty-five  dollars  in  value; 
Provided,  that  tlie  value  of  the  whole  of  the  articles  thus  exempted  shall  not 
exceed  one  hundred  dollars,  and  provided  further,  that  if  the  debtor  shall  not  at 
the  time  of  the  execution  of  the  said  process,  be  in  possession  of  all,  or  any  of 
the  above  specified  articles,  then  any  other  property  which  he  shall  have  in  his 
possession  amounting  in  value  to  one  hundred  dollars,  shall  be  exempt  as  afore- 
said, except  in  every  case  for  taxes  due  in  either  of  the  counties  of  this  state,  or 
in  the  city  of  W^'ilmington,  which  said  articles  and  the  value  thereof  shall  be 
ascertained  by  two  substantial  citizens  of  the  county  whereof  the  debtor  is  an 
inhabitant,  to  be  appointed  and  to  be  sworn  or  affirmed  faithfully  and  justly  to 
fulfil  the  duties  of  said  appointment  by  any  justice  of  the  peace,  constable,  or 
sheriiTof  the  said  county. 

This  act  shall  not  in  any  wise  invalidate  debts  or  contracts  made  previous  to 
the  fourth  day  of  July,  A.  D.  one  thousand  eight  hundred  and  fifty-one,  and 
that  all  acts  and  parts  of  acta  inconsistent  herewith,  be  and  the  earae  are  bore- 
by  repealed. 


Collection  of  Debts. 

Arrest. — No  free  white  citizen  may  be  arrested,  except  npon  oath  th.at  *ha 
defendant  is  justly  indebted  in  a  sum  exceeding  five  dollars,  and  verily  believes 
that  defendant  has  secreted,  conveyed  awaj',  assigned,  settled,  or  disposed  of, 
either  money,  goods,  chattels,  stocks,  securities  for  money,  or  other  real  or  per- 
sonal estate,  of  the  value  of  more  than  twenty-five  dollars,  with  intent  to  defraud 
his  creditors,  and  specify  and  set  forth  the  supposed  fraudulent  transactions. 

Attachment. — Attachment  riiay  issue  against  an  inhabitant  of  the  state  upon 
an  affidavit  that  the  defendant  is  justly  indebted  to  the  plaintiff  in  the  sum  of 
fifty  dollars,  and  has  absconded  from  the  place  of  his  usual  abode,  or  is  gone  out 
.of  ihe  state,  with  intent  to  deceive  or  defraud  his  creditors,  or  to  elude  process, 
as  it  is  believed.  _  4 

The  above  is  called  "  domestic  attachment."  There  is  another  writ  which  is 
known  as  a  "foreis'ii  nffnchment,"  and  which  issues  against  anon-resident  upon 
the  oath  of  the  plaintifl^",  or  of  some  credible  person  for  him,  that  the  defendant 
resides  out  of  the  state,  and  is  justly  indebted  to  him  in  the  sum  of  fifty  dollars 
and  upward. 


SPECIAL    LAWS    OF    DELAWARE.  231 

Deeds. 

Deeds  may  be  acknowledged  in  any  county  by  any  party  to  the  same,  in  the 
superior  court  or  before  the  chancellor  or  any  judge  of  the  said  court,  or  belbre 
two  justices  of  the  peace  for  tlie  same  couuty,  or  before  a  notary  public. 

Deeds  of  a  married  woman,  to  wliich  her  husband  is  also  a  party,  shall  be  valid 
if  she,  upon  private  examination  apart  from  her  husband,  acknowledges  that  she 
executed  said  deed  willingly,  without  compulsion  or  threats,  or  fear  of  her  hus- 
bands  displeasure.  Such  private  examinalion  may  be  taken  in  any  county 
before  the  chancellor,  any  judge,  or  two  justices  of  the  peace  for  the  same  coun- 
ty, or  before  a  notary  public. 

Such  acknowledgment  to  be  certified  under  the  hand  and  seal  of  the  clerk  of 
the  court  in  which,  or  under  the  hand  of  the  chancellor,  judge,  or  justices  of  tlio 
peace;,  or  under  the  hand  and  notarial  seal  of  the  notary,  before  whom,  it  ia  taken 
in  a  certificate  endorsed  upon  or  annexed  to  the  deed. 

If  the  party  Ikj  out  of  the  state,  the  acknowledgment,  or  private  examination, 
may  be  made  before  the  judge  of  any  district  court  of  the  United  States,  or  be- 
fore the  chancellor  or  any  judge  of  a  court  of  record  in  any  state,  territory,  or 
country,  or  before  the  mayor  or  chief  officer  of  any  city  or  borough,  and  certified 
under  the  hand  of  such  chancellor,  judge,  mayor,  or  officer,  and  the  seal  of  his 
:ourt,  city,  or  borough,  by  certificate  endorsed  upon,  or  annexed  to  the  deed  ;  or 
such  acknowledgment  and  .examination  may  be  made  before  any  commis.sioner 
duly  authorized  by  the  governor  of  this  state,  and  certified  under  his  hand  and 
seal. 

Deeds  must  be  recorded  in  the  office  for  recording  deeds  in  the  county  where 
the  lands  lie. 

There  should  be  two  witnesses.     A  scrawl  of  the  pen  m?^  be  used  for  a  BCaL 

The  form  of  acknowledgment  is  the  same  as  in  Pennsylvania,  by  adding  "or 
fear  of  ber  hasbaod's  displeasare." 


Rate  of  Interest 

The  legal  rate  is  six  per  cent.     Whoever  exacts  more,  is  liable  to  forfeit  the 
whole  debt  —  one  half  to  the  state,  and  one  half  to  the  prosecatur. 


"WiUs. 


Wills  must  be  in  writine,  and  mVned  by  the  testator,  or  by  some  other  person 
■nbscribing  tbe  leHiator's  name,  in  his  presence  and  by  his  express  direction,  and 
atte-sted  and  lobccribed  by  two  cumpeteut  witnesses,  in  tbe  presence  of  tbe  tee 
talor. 


Rights  of  Married  Women. 

DoWEU. — A  widow  «hnll  have  a  third  part  of  all  the  Innd.s  and  tenements 
whereof  her  husband  was  seized  at  any  time  during  the  marriage,  unles-s  she 
siinll  have  relii-qiiirthoil  her  right  therein  by  her  own  voluntary  act. 


I 


A 1 Y  Si  1 1  i. 


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Ni    Y -rw 


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V^-^wJ'i.orry--  OZ^^T^^^^^ 


39 


as 


SimpsonviUe 


Emfnelsby 
Jffarper^ 


DISTRICT 

OF 

COLUMBIA 


JReference 

1  Capitol 

2  TresidemsIIouse 


Zcesbui 


MatildaV. 


^CQLl 


MAF 


1|     LangUuae  Wes^  from  Woji 


233 


234  SPECIAL    LAWS    OF    MARYLAND. 

MARYLAN^D. 

CoiistitutioQ  adopted,  185L— Square  Miles,  13,959.— Population  in  1850,  582,9 


£i:semptions. 


^?o  real  estate  hereafter  acquired  by  marriaee  shall  be  liabli 
to  executions  during  the  life  ot  the  wife,  for  debts  due  from  th« 
;iusband. 

Corn  for  necessary  maintenance,  bedding,  grun,  axe,  pot,  and 
laborers'  necessary  tools,  and  such  like  household  implements, 
and  ammunition,  for  subsistence,  are  also  exempt. 

Slaves  of  the  wife  (acquired  either  before  or  sifter  marriage), 
and  also  her  earnings  not  exceeding  one  thousand  dollars,  may 
be  held  for  her  own  use,  and  exempted  from  liability  for  her 
husband's  debts. 

From  and  after  the  first  day  of  July,  1R52.  the  wages  or  hiro 
of  any  laborer  or  other  employee  in  ilie  hands  of  liie  employer, 
w  lien  such  wages  or  hire  shall  not  exceed  the  sum  of  ten  dob 
lars,  wnd  when  the  amount  of  such  wages  or  hire  shall  exceed 
the  .s.iid  sum.  tlien  ten  dollars  of  the  amount  of  such  wages  or  hire,  shall  be  exempted  from 
attachment,  whether  on  warrant  or  on  judgment. 


Mechanics'  Lien.  . 

Mechanics'  liens  have  been  enacted  for  all  the  counties  on  the  western  shore  ot  th« 
Chesapeake  bay,  except  St  Mary's,  Montgomery,  and  Charles,  and  for  Cecil  county  on 
the  eastern  shore,  but  they  have  been  altered  so  often,  and  the  several  enactments  an;  so 
conflicting,  that  it  ia  impossible  to  give  a  reliable  abstract  of  what  is  required  to  make 
tfae»o  available. 


Chattel  Mortgages. 

Chattet,  mortgages  must  be  in  writing,  and  acknowledged  before  a  justice  of  the 
county  where  the  mortgager  resides,  and  the  affidavit  of  the  mortgagee  or  granr*'e 
eworn  to  before  the  judge,  or  justice  or  justices,  must  be  endorsed  thereon  that  the 
consideration  as  therein  set  forth  is  Ui\e  and  bo7ta  fide,  and  be  recorded  within  twenty 
days  in  the  records  of  the  county.  Where  the  amount  conveyed  is  over  two  hundred 
dollars  Uiey  must  be  stamped  (fee  $1.00)  which  must  be  receipted  for  on  the  deed. 


Limitation  of  Actions. 

Actions  of  trespass  qnare  dausiim  fregit,  trespass,  detinue,  sur-trover,  replevin  for 
Mkingaway  goods  or  chattels,  account,  contract,  debt,  book-debt,  or  upon  the  case,  other 
than  such  accounts  as  concern  the  trade  or  merchandise  between  merchants,  their  fac 
tors  and  servants,  non-residents,  debt  for  lending,  contract  without  speciality,  and  debt 
for  arrearages  of  rent,  must  be  brought  within  three  years. 

Actions  on  the  case  for  words,  trespass  of  assault,  battery,  wounding,  and  imprison- 
ment, must  be  brought  within  one  year. 

Actions  on  administration  and  testamentary  bonds  shall  be  commenced  within  twelve 
years  after  the  framing  such  bonds. 

No  speciality  can  be  pleadable  after  the  principal  debtor  and  creditor  have  both  been 
dead  twelve  years,  or  the  debt  is  above  twelve  years  standing. 

No  jjlrson  absenting  himself  from  the  state,  or  rejnoving  from  county  to  county,  after 
any  debt  contracted,  so  that  his  creditors  can  not  with  certainty  find  his  person  or  effects, 
shall  have  any  benefit  of  such  limitations.  No  person  absent  at  the  time  the  cause  of 
action  accrues  shall  have  any  benefit  of  the  law. 

Infants,  married  women,  "persons  nnn-compos-mentis,  imprisoned,  or  beyond  sena 
have  the  same  time  after  their  disability  is  removed. 


Collection  of  Debts. 

Attachment.  —  Any  person,  having  obtained  a  judgment,  may  take  out  an  attach- 
ment  against  the  lands,  tenements,  goods,  chattels,  and  credits,  of  the  defendant. 

Any  creditor,  making  affidavit  that  the  debtor  is  indebted  to  him  in  a  certain  sum 
Ducied,  and  producing  the  evidences  thereof  or  accounts,  and  that  he  doth  know  or  is 


SPECIAL  .LAWS    ..*<    MARYLAND.  225 

r^ibly  Informed,  and  verily  believes,  that  the  debtor  is  not  a  citizen  of  thia  state,  and 
doth  not  reside  therein,  or  that  the  debtor  is  actually  mn  away  or  tied  from  justice,  or 
removed  from  his  place  of  abode,  witJi  intent  to  injure  and  defraud  his  creditors,  an 
attachment  may  issue  a^aitist  the  lands,  tenements,  goods,  chattels,  and  credits,  of  the 
debtor.     No  person  can  be  imprisoned  for  debt. 


Deeds. 

Deeds  may  be  acknowledged  before  any  chief  or  associate  Judge  of  a  district  for  lands 
within  the  district,  or  any  two  justices  of  the  peace  within  their  county. 

The  officer  taking  the  acknowledgment  must  be  satisfied  of  the  identity  of  the  per- 
son making  it,  and  return  a  certilicate  thereof. 

They  may  be  acknowledged  out  of  the  stxite  before  any  judge  of  the  United  States 
court,  or  any  judge  of  a  court  of  record,  ce^rtified  by  the  judge  taking  tlic  acknowledg- 
ment, under  his  hand  ;  and  the  clerk  of  the  court  shall  certify,  under  nis  hand  and  the 
seal  of  the  court,  that  the  person  taking  the  acknowledgment  is  a  judge  of  said  court,  du- 
ly commissioned  and  qualified,  at  the  time  of  taking  the  acknowledgment. 

In  tlie  case  of  a  married  women,  her  estate  will  not  be  conveyed,  nor  her  dower 
barred,  unle&s  the  officer  taking  the  acknowledgfnent  shall  examine  her,  out  of  the  pres- 
ence and  hearing  other  husband,  whether  she  doth  execute  and  acknowledge  the  same 
freely  and  voluntarily,  and  without  being  induced  to  do  so  by  fear  or  threats  of  or  ill 
usage  by  her  husband,  or  by  fear  of  his  displeasure  ;  and  pnless  the  femme.  covert  shall 
eiL'n  and  seal  such  deed  before  such  officer,  out  of  the  presence  and  hearing  of  her  hus- 
band, and  certificate  be  made  upon  or  annexed  to  the  deed,  under  his  or  tlieir  hands,  of 
such  private  examinatiqp,  execution,  and  acknowledgm<!nt 

Consuls  and  vice-consuls  of  the  United  States,  duly  appointed  and  recognised,  may 
take  acknowledgments  of  persons  being  in  their  consulates,  and  make  certificate  under 
their  official  seals. 

There  must  be  two  witnesses  to  a  deed,  and  a  scrawl  of  the  pen  may  be  used  as  a 
•eaL    Deeds  must  be  stamped. 

Form  of  Acknowledgment. 
Btate  of  Maryland,  ?  • 

Prince  dairies  Co.  S        ' 

Be  it  remembered  and  it  is  hereby  certified,  that  on  this^rst  day  of  May,  in  the  year 
eighteen  hundred  and  Jifty-one,  before  the  subscribers,  ttpo  justices  of  the  peace,  of  the 
state  of  Maryland,  in  and  for  Prince  George's  county  aforesaid,  personally  appeared 
JoH.v  Doe  and  Susan  Doe  his  wife,  they  being  known  to  us  (or  "  they  being  satisfactori- 
ly proven  by  oral  testimony  under  oath,  received  by  ua,"  tis  the  case  may  be\,  to  be  the  per- 
sons who  are  named  and  described  as,  and  professing  to  be,  the  parties  to  the  forego- 
ing deed  or  indenture,  and  do  sevi^rally  acknowledge  the  said  indenture  or  instrument 
of  writing,  to  be  the  their  respective  act  and  deed ;  the  said  Susan  Doe  signed  and 
tealtd  »aid  indentnrt  before  us,  out  of  iJie  preaence  and  hearing  of  Iter  husband  :  and  tha 
$aid  SfSAN  Doe  being  by  us  examined,  out  of  the  presence  and  fuaring  of  her  said  hus- 
band, •■  vchrther  she  doth  exmite  and  acMvowUdge  the  same,  freely  and  voluntarily,  and  with- 
out being  inductA  to  do  so  by  fear  or  threats  of  or  ill-usage  by  her  husband,  or  by  fear  of 
his  displeasure,"  declareth  and  saith,  that  she  doth.  Fn  testimony  whereof,  we  hereunto 
subw;ribe  our  names,  on  the  day  and  year  aforesaid. 

(Seals.)  John  Jones,  Justice  of  the  Pear^.. 

James  S.miti^i,  Justice  of  the  Peact. 


Rights  of  Married  Women. 

The  property,  real  and  personal,  belonging  to  a  woman  at  the  time  of  her  marriage, 

and  h11  property  which  *\u-  may  acquire  or  receive  alt<;r  her  marriagi',  by  purchnso,  gift, 

„,,..>»  .(.  ,^,-,.  (M-qiiest,  or  in  a  (tnurne  of  distribution,  shall  be  prot<'Cted,  from  the  debts 

I,  tuu\  not  in  any  wny  be  liable  for  the  payment  thereof;  provided,  that  no 

t  property  panfini;  to  th"  wife  from  her  liunband  alter  coverture,  »^hall  ho 

111.-  li>iH  Im"*'!!  made  or  uranted  to  h'-r  in  pnjudice  of  the  rights  of  bin  snh- 

hi  order  to  etlect  the  nbovi!  ol)jects,  the  wile  shall  have  the  I>enefit8  of 

r  her  relief  and  security  as  now  exist  or  may  be  devised  in  the  courts 

■il-    Htht.-. 

1:  .  '      -Mry  to  interpose  a  trustee  in  order  to  secure  to  a  mar. 

ri' <l  "■  use  of  her  properly.  • 

All  >Honf>  in  contemplation  of  marriage,  shall  remain  in  full 

*cc  hH'.t  »ucIi  nmrriii;;'!  fhnll  take  ulace. 


236  SPECIA.L   LAWS   OF   MARYLAND. 

Rate  of  Interest. 

The  Icfral  rate  is  eix  per  cent.    In  contracts  where  more  is  taken,  only  the  excess  ot 
interest  over  the  legal  rate  is  void. 


Wills. 

Wills  shall  he  in  writing,  and  signed  by  the  party  making  thpm,  or  by  some  other 
person  in  his  presence  and  by  his  express  directions,  and  shall  be  attested  and  subscribed, 
in  the  presence  of  tlie  testator,  by  three  or  four  credible  witnesses. 

Every  devise  of  hind,  or  any  estate  therein,  or  bequest  of  personal  estate,  to  the  wife 
of  the  testator,  shall  be  construed  to  be  intended  in  bar  of  her  dower  in  lands,  or  share 
ef  the  por«i(ina]  estate  respi'ctively,  unless  it  be  otherwise  expressed  in  the  will. 

A  wife  may  make  a  will  and  ijive  all  her  property,  or  any  part  thereof,  to  her  husband 
or  any  one  other  person,  with  the  consent  of  the  husband  subscribed  to  said  will.  Provi- 
ded  the  wife  shall  have  been  privately  examined  by  witnesses  to  said  will,  apart  and  ont 
of  the  presence  and  hearing  of  her  husliand,  &c.  (in  the  same  manner  as  provided  in 
deeds),  and  provided  also  said  will  he  made  sixty  days  before  the  death  of  the  testatrix. 


SPECIAL    LAWS    OF    VIRGINIA.  237 


VIRGINIA. 

Coastitution  adopted  1851.— Square  Miles,  61,352.— fopulation  in  1850,  1,421,061. 
• 


Exemptions. 

No  growing  crop  of  any  kind,  not  severed,  aba'!  bo 
liable  to  distress  or  levy,  except  Indian  corn,  wbicli 
may  be  taken  at  any  time  after  the  fifteenth  of  October 
in  any  year 

In  case  of  a  husband  or  parent,  there  shall  be  exempt- 
ed from  such  distress  or  levy  the  following  articles,  or 
BO  much  or  bo  many  thereof  as  the  party  may  have: 
One  cow;  one  bedstead,  with  a  bed  and  necessary 
bedding  for  the  same ;  six  chairs,  one  table,  six  knives 
and  six  forks,  six  plates,  two  dishes,  two  basins,  one 
pot,  one  oven,  six  pieces  of  wood  or  earthen  ware,  one 
loom  and  its  aupurtenancea,  one  spinning-wheel,  one 
pair  of  curds,  one  hor.  and  one  axe  ;  five  bHriels  of  corn  ;  five  bu^^hel8  ol  wlieat,  or  one 
OHrn-l  of  flour;  two  hundred  pcnindd  ol  bacon  or  poik  ;  and  five  BollHrs  in  value  of  ?br- 
ug''  or  h"y.  And  in  caso  of  a  inechiuiic,  tbe  tools  and  utensils  of  his  trade,  however,  not 
to  excerd  $25  in  value;  provided,  that  no  family  portrait  or  engraving  shall  be  subject 
I'.  <li>tres3  1)1  levy.  Slaves  shall  not  be  distrained  nor  tevied  upon,  without  the  debtur'a 
conaeot,  where  there  are  other  goods  and  chattels  of  such  debtor  sufficient  for  the  pur- 
pose, aud  which  it  is  in  his  power  to  take. 


Mechanics'  Lien. 

If  r  person,  owning  or  having  an  interest  in  land  in  a  city  or  town,  shall,  by  a 
writing  signed  by  him,  contract  with  another  to  pay  him  money  for  erecting  or 
repairing  any  building  or  the  appurtenances  of  any  building  on  such  land,  there 
■hall  be  a  lien  for  such  mone^  on  the  whole  interest  of  the  said  person  in  such 
land,  from  the  time  that  the  said  writing  is  duly  admitted  to  rea)rd  in  the  county 
or  corporation  wherein  the  said  land  lies. 

But  the  said  lien  shall  not  be  in  force  more  than  six  months  from  the  time 
when  the  money  or  the  last  instalment  of  the  money  to  be  ()aid  under  suoli  con- 
tract shall  l>ecorae  payable,  unless  a  suit  in  equity  to  enforce  the  lien  shall  have 
been  aimmenced  within  the  said  six  months.  If,  In  such  suit,  the  lion  be  estab- 
lished, the  court  shall  order  a  sale  of  such  interest  iu  the  said  land,  to  satisfy  the 
money  which  ought  to  be  paid  under  such  contract. 


ItSL-w  regulating  Contracts. 

Nu  action  shall  be  brought — 

1.  To  charge  any  person,  upon  or  by  reason  of  any  representation  or  assurance 
omrerning  tlie  character,  conduct,  creiiit,  ability,  trade,  or  dealings  of  another, 
to  the  intent  or  purpose  that  sucli  other  may  obtain  thereby  credit,  money,  or 
gOTMlii.  or — 

'2.  To  charge  any  person,  upon  a  promise  made  after  full  age,  to  pay  a  debt 
contracted  during  infancy ;  or  upon  a  ratification,  after  full  age,  of  a  promise  or 
simple  oontrai't  made  during  infancy  ;  or — 

."i.  To  riiarge  a  j>ersf)nal  representative,  upon  a  promise,  to  answer  any  debt  or 
damni^en  out  of  his  own  estate  ;  or — 

i.  To  charge  any  person  upon  a  promise,  to  answer  for  the  debt,  default,  or 
miadoings,  of  aoothcr ;  or — 


f  I  ®  ® 


^-:,a 


5^'^clj'^4^"^'^#^^ir^^^'^'^'4^^4i% 


2  MiisfUnofffn 


23y 


240  SPECIAL    LAWS    OF    VIROINIA. 

5.  Upon  any  agreement  made  upon  consideration  of  man-iage ;  or — 

6.  Upon  any  contract  for  the  sale  of  real  estate,  or  the  lease  thereof,  for  moi-e 
than  a  year;  or — . 

7.  Upon  any  agreement  that  is  not  to  be  performed  within  a  year — 

Unless  the  promise,  contract,  agreement,  representati(m,  assurance,  or  ratifica- 
ti  m,  or  some  memorandum  or  note  thereof,  be  in  writing,  and  signed  by  the 
jinrty  to  be  charged  thereby,  or  his  agent ;  but  the  coasideration  need  not  be  set 
Lrth  or  expressed  therein. 


Limitation  of  Actions. 

No  person  shall  make  an  entry  upon,  or  bring  an  action  to  recover  any  land, 
bat  within  fifteen  years  next  after  the  time  at  which  the  right  to  make  such  entry 
or  to  bring  such  action  shall  have  first  accrued  to  himself  or  to  some  person 
through  whom  he  claims. 

An  infant,  married  woman,  and  an  insane  person,  have  ten  years  after  the 
removal  of  such  disability,  provided  the  disability  shall  not  enable  the  person  to 
bring  such  action  or  make  such  entry  after  the  lapse  of  thirty  yeara  from  the  time 
when  the  right  first  accrued. 

Every  action  to  recover  money  which  is  founded  upon  an  award,  or  on  any 
contract  other  than  a  judgment  dr  recognisance,  shall  be  brought  within  the  fol- 
lowing number  of  yeara  alter  the  right  shall  have  first  accrued,  viz. : — 

If  the  case  be  upon  an  indemnifying  bond  taken  under  any  statute,  or  upon  a 
bond  of  an  executor,  administrator,  guardian,  curator,  committee,  sherill"  or  ser 
geant,  deputy  sheriff  or  sergeant,  clerk  or  deputy -clerk,  or  any  other  fiduciary 
or  public  oflicer,  within  ten  years. 

If  it  be  upon  any  other  contract  by  writing  under  seal,  within  twenty  years. 

If  it  be  upon  an  award,  or  be  upon  a  contract  by  writing,  signed  by  the  party 
to  be  charged  thereby,  or  by  his  agent,  but  not  under  seal,  within  five  years. 

And  if  it  be  upon  any  other  contract,  within  five  years,  unless  it  be  an  action 
for  any  articles  charged  in  any  store  account,  in  which  case  the  action  may  be 
brouglit  within  two  years  ;  or  an  action  by  one  partner  against  his  copartner  for 
a  settlement  of  the  partnership  accounts,  or  upon  accounts  concerning  the  trade 
of  mercliandise  between  merchants,  their  factors  or  servants,  where  the  action 
of  account  would  lie  ;  in  either  of  which  cases  the  action  may  be  brought  until 
the  expiration  of  five  years  from  a  cessation  of  the  dealings  in  which  they  are 
interested  together,  but  not  after. 

Every  personal  action,  for  which  no  limitation  is  otherwise  prescribed,  shall  be 
brought  within  five  years. 

Every  action  upon  a  Judgment  or  decree  rendered  in  any  other  state  or  country 
shall  be  barred,  if,  by  the  laws  of  such  state  or  country,  such  action  would  there 
be  barred.  And  whether  so  barred  or  not,  no  action  can  be  brought  on  such 
Judgment  against  a  resident  for  the  ten  years  last  pa.st,  which  was  rendered  more 
than  ten  years  before  the  commencement  of  the  action. 


Collection  of  Debts. 

Attachment. — When  any  suit  is  instituted  for  any  debt,  or  for  damages  for 
breach  of  any  contract,  on  affidavit,  stating  the  amount  and  justice  of  the  claim, 
that  there  is  present  cause  of  action  theretbr,  that  the  defendant  or  one  of  the  de- 
fendants is  not  a  resident  of  this  state,  and  that  the  affiant  believes  he  has  est,ate 
or  debts  due  him  within  the  county  or  corporation  in  which  the  suit  is,  or  that  he 
is  sued  with  a  defendant  residing  therein,  the  plaintiff  may  forthwith  sue  out  of 
the  clerk's  office  an  attachment  against  the  estate  of  the  non-resident  defendant 
for  the  amount  so  stated. 


SPECIAL   LAWS    OF    VIRGINIA.  241 

Imprisonment  for  debt  does  not  exist,  except  in  the  following  inptnnce  If  a  plain- 
kfiii  any  action  at  law,  or  suit  in  chancery,  shall  by  afHdavit  show  to  the  satisfnctidn 
of  the  court  in  wrliich  his  suit  is  pending,  or  to  any  judge  or  justice  of  the  peacp,  that  he 
has  cause  of  action  or  suit  against  a  defendant  «nd  th;it  there  is  probable  cause  for  be- 
li<!viu4r  that  the  def<Midant  is  about  to  quit  the  state,  unless  he  be  forthwith  apprehended, 
it  shall  be  lawful  for  such  court,  judge,  or  justice,  to  direct  that  tiie  defendant  be  held 
to  bail  in  such  amount  as  the  said  court,  judge,  or  justice,  may  think  fit ;  and  thereupon 
the  plaintiff  may  suo.  out  in  such  suit  a  writ  of  capias  ad  respondendum,  against  the  de- 
fendant, upon  the  plaintiti"'8  giving  bond  with  security  approved  by  the  clerk  of  the 
court,  in  a  penalty  equal  to  the  amount  in  which  the  defendant  is  directed  to  be  held  to 
bail,  payable  to  tht?  detendant,  and  conditioned  for  the  payment  of  ull  damages  which 
may  result  by  reason  of  the  arrest  of  the  defendant.  Under  this  writ  of  capias,  the  de- 
fendant may  be  arrested  and  committed  to  jail,  uqless  he  give  bond  and  security  to  the 
otiicer  making  the  arrent,  in  the  sum  aforesaid,  tharm  case  there  shall  be  in  such  action 
or  suit  any  judgment,  decree,  or  order,  on  which  a  writ  of  fieri  facias  mi^jhr  issue,  and 
witliin  f  >ur  months  after  such  judgment-decree  or  order,  interrogatories  bo  filed  with  a 
commissioner  of  the  court  imder  the  5th  sec.  of  chap.  188  of  the  code,  the  said  defendant 
will,  at  the  time  the  commissioner  issues  a  summons  to  answer  such  interrogatories,  be 
in  the  county  or  corporation  in  which  the  commissioner  resides,  and  will  within  the 
time  prescribed  in  the  summons,  make  proper  answer  upon  oath  to  such  interroga- 
tories, and  make  such  conveyance  and  delivery  as  is  required  by  the  said  chapter,  or  in 
case  of  failure  to  file  such  answers  and  make  such  conveyance  and  delivery,  to  perform 
and  satifffy  the  said  judgment,  decree,  or  order. 

The  capi'iB  may  b<!  quashed  by  the  court  or  by  a  judge  in  vacation,  if  issued  upon  false 

suggestions.     By  a  subsequent  amendment  a  defr-ndaul  may  bo  discharged  from  custody 

by'rt  c  iDiMiirsiouer  of  the  court,  or  by  a  judge  b-  fore  judgment,  decree,  or  oriier  upon 

•  ce  to  the  plaintiff,  that  unless  he  filths  his  interrogatories  ho  shall  apply 

_'■• ;  or  the  defendant  may  be  diecharged  when  they  shall  have  been  hied, 

.  by  the  deleiidunt  as  above  directed,'upon  like  notice,  before  any  judg- 

iij'  at,  auc-te,  or  order. 


Deeds. 

A  SCROLZ,,  affixed  by  way  of  seal,  is  as  valid  as  a  seal. 

Any  deed  of  trust,  morto[ago,  or  other  writing,  made  by  a  husband  or  parent  to  give 
a  lien  on  property  which  is  exempt  from  .distress  or  levy,  shall  be  void  as  to  such  prop- 
erty. 

Krery  deed  of  gift,  of  trust,  or  mortgage,  conveying  real  estate  or  goods  and  chattels, 
•hall  be  void  Ht  to  creditors  and  subsequent  purchasers  for  valuable  consideration,  with- 
out notice,  until  anii  excpt  from  the  timt;  that  it  is  duly  admitted  to  record  in  the  coun- 
ty or  corporation  wherwn  the  property  may  be. 

The  husband  is  entitled  to  courtesy  and  the  wife  |d  dower  in  a  trust  estate. 

When  a  husband  and  wife  have  signed  a  writing  purporting  to  convey  or  transfer 
any  estate,  real  or  personal,  she  may  appear  before  a  cuurt  authorized  to  admit  such 
writing  to  record,  or  belore  the  clerk  thereof  in  his  office  ;  and  if,  on  being  examined 
privily  iiinl  (ipurt  f  om  her  husband,  by  one  of  the  justices  of  the  court,  or  by  the  clerk, 
tin  1  lia\'  ii;;  nuch  writing  fully  explained  to  her,  she  acknowledge  the  same  to  bo  her 
,.,t  1  .  re  that  she  had  executed  it  willingly,  and  does  not  wish  to  retract  it,  such 
;  "(jii,  acknowled:ifnent,  and  declaration,  shall  hn  thereupon  recorded  in 

!!  the  clerk's  office,  or  she  may  appear  before  two  jiisticeu  ""bo  shall  be 
•  r,  or  a  notary  public  within  the  United  States,  or  a  commmsioner  ap- 
\  1  ihe  same  by  the  governor  of  this  state;  and  such  justices,  or  notary,  or 

I  may  so  examine  her.  and  if,  after  such  explanation,  she  make  such 

«"  t)t  and  declaration,  shall  certify  the  same  on  or  annexed  to  the  said  wri- 

t.ii^  tu  the  loUowing  eflfect,  viz.  :— 

Form  of  Acknowledgment. 

I  iiiiona, ) 

-.a  notary  puhlie  for  the  coanty  of  Richmond,  In  the  state  of  Virginia,  do  cer- 

"  '►    ""• '^"''*  of  John  Doe,  whose  names  are  signed  to  the  wriiinif  above, 

'  y  of  iVor««6er,  one  ihousand  eight  hundred  and  A/^VJ**"!  P*""- 

>  in  tlio  county  aforeHaid,  «nd  lining  examined  hv  me  privily 

'  Hid  huvinK  IhM  writing  aforesaid  fully  explained  to  her,  she. 

nn<>wi«(li:Kd  ilie  said  writing  to  be  her  act, and  declared  that  she  had 

same,  and  d<H'«  not  wi«h  to  retract  it. 

1,  this  tuxnty-Affh  day  o(  November,  one  thousand  eight  hundred  and 
JOHS  J OtiRS,  Notary  Public 
I-a  i-nm  of  ackuowicdgmeiit  should  bo  ^sed  whether  made  In  or  out  of  tuo  state. 

21 


242  SPECIAL   LAWS    OF   VIRGINIA. 

Acljnowledgmcnta  may  be  takon  hofore  a  justice  of  the  peace,  notarj'  public,  the  court 
which  admits  the  d>'ed  to  record,  or  the  clerk  of  Buch  court  in  his  office,  in  the  state.  If 
made  clacvvhere  in  the  United  Stales,  then  bfforo  a  justice,  a  notary  puldic,  or  comrnis- 
8i(jner,  appointed  l)y  the  governor  of  the  state,  who  must  write  on  or  annex  to  the  deed 
a  certific;ite  to  the  followins;  effect : — 


State  of  New  Hampthire,  )  ,    .  ., 
County  of  Cheshire,      \  '"  *"'• 


1,  John  Jones,  a  juttice  of  the  peace  for  the  county  aforesaid,  in  the  state  of  New-Hamp- 
thire,  do  certify  that  John  Doe,  whose  name  is  signed  to  the  writing  above,  bearing  dale  on 
the  J!r»t  day  ot  December,  one  thousand  eight  hundred  and  fifty-Jive,  has  acknowledged  the 
same  before  me,  in  the  county  aforesaid. 

Given  under  my  hand,  this  thirteenth  day  of  December,  one  thousand  eight  hundred  and 
fifty-five.  JOHN  JONES,  Justice  of  the  Peace. 

Two  witnesses  are  necessary  where  the  deed  is  proved  by  witnesses. 

Any  writing  executed  out  of  the  United  States  may  be  admitted  to  record  as  to  any 
person  whose  name  is  signed  thereto,  when  a  certificate  under  the  official  seal  of  any 
mini.st«'r  plenipotentiary.  charg6  d'affaires,  consul-general,  consul,  vice-consul,  or  com- 
mercial agent,  appointed  by  the  government  of  the  United  States  to  any  foreign  country, 
or  of  the  proper  officer  of  any  court  of  such  country,  or  the  mayor  or  other  chit^f  magis- 
trate of  any  city,  town,  or  corporation  therein,  that  the  said  writing  was  acknowledged 
by  such  person,  or  proved  as  to  him  by  two  witnesses,  before  any  person  having  such 
appointment,  or  before  such  court,  mayor,  or  chief  magistrate. 


Rights  of  Married  Women. 

A  MARRIED  woman  may  hold  estate  wparate  from  her  husband,  if  bequeathed  or  con- 
veyed to  her  separate  use  and  benefit,  but  in  the  absence  of  any  such  bequest  or  convey- 
ance the  husband  is  entitled  to  all  personal  estate  of  which  she  may  be  possessed,  and 
which  the  husband  may  reduce  into  possession.  In  real  estate  the  husband  acquires 
nothing  save  a  tenancy  by  the  courtesy. 

Dower. — A  widow  shall  be  endowed  of  one  third  pai  t  of  all  the  real  estate  whereof 
her  husband,  or  any  other  to  his  use,  was  at  any  time  during  the  coverture  seized  of  an 
estate  of  inheritance,  unless  her  right  of  dower  shall  have  been  lawfully  barred  or  relin- 
quished. 

In  addition  to  dower,  she  is  entitled  to  one  third  of  the  personal  estate  after  the  pay- 
ment of  debts  and  charges,  taking  in  slaves  an  estate  for  life  only.  If  the  marriage  be 
without  issue,  she  is  entitled  absolutely  to  the  slaves  »nd  other  ptirsonfil  pi  operty  so  re- 
maining, which  were  derived  from  her.  and  was  preserved  in  kind  ;  and  again,  if  the 
marriage  be  without  issue,  and  the  deceased  husband  was  without  issue  by  any  former 
marriage,  she  is  entitled  to  one  half  of  the  residue,  qualified  in  respect  to  slaves  as  before. 

If  provision  bo  made  for  her  in  her  husband's  will,  she  may  renounce  it  at  any  time 
within  one  year  from  the  probate,  and  entitle  herself  thereby  to  her  legal  rights. 


Rate  of  Interest. 

Thr  legal  rate  is  six  per  cent.  AH  contracts  for  a  greater  rate  are  void,  with  the  pen- 
alty  of  forfeiture  of  twice  the  amount  of  the  debt,  one  half  to  the  informer.  But  interest 
upon  any  debt  contracted  out  of  the  state,  though  recovered  in  this  state,  shall  be  allowed 
according  to  the  rate  of  interest  in  the  state  in  which  the  contract  was  created. 

When  a  bill  of  exchange  drawn  or  endorsed  within  this  state,  is  protested  for  non-ac- 
Jceptance  or  non-payment,  there  shall  be  paid  by  the  party  liable  for  the  principal  of  such 
[bill,  in  addition  to  what  else  he  is  liable  lor,  damage  upon  the  principal,  at  the  rate  of 
three  per  centum  if  the  bill  be  payable  out  of  Virginia  and  within  the  United  Stales ;  and 
ten  per  centum  if  oat  of  the  United  States. 
k  

"WiUs. 

Thkse  should  be  in  writing,  signed  by  the  testator,  or  by  some  other  person  in  his 
presence  and  by  his  direction,  in  such  manner  as  to  make  it  manifest  that  the  name  is 
intended  as  a  signature ;  and,  moreover,  unless  it  be  wholly  written  by  the  testator,  the 
signature  shall  be  made  or  the  will  acknowledged  by  him  in  the  presence  of  at  least  two 
competent  witnesses,  piesent  at  the  same  time,  and  such  witnesses  shall  subscribe  ^^ha 
will  in  the  presence  of  the  testator,  but  no  form  of  attestation  shall  be  necessary 


SPECIAL    LAWS    OF    NORTH    CAROLINA. 


243 


NORTH   CAROLINA. 

Constitution  ndoptod,  1835.— Square  Miles,  43,800.— Population  in  1850,  806,670. 

• 

Exemptious. 


There  is  exempted  from  sale  on  execution  iik  this  state 
wearine-appttrel ;  working-tools,  and  arms  for  muster ;  ono 
bed  and  funiiture;  one  wheel  and  cards,  ai«d  one  loom ;  one 
bible  and  testament ;  one  hymn-book  ;  one  prayer-book ;  and 
all  necessary  school-books,  the  property  of  the  defendant. 

There  is  also  exempt  t'loni  seizure  under  execution  the  fol- 
lowing property  of  every  housekeeper,  to  wit:  one  cow  anA 
calf:  ten  bushels  of  com  or  wheat ;  fifty  pounds  of  bacon 
beef,  or  pork,  or  one  barrel  of  fish :  all  necessary  farming- 
tools  for  one  laborer:  one  bed,  bedstead,  and  covering,  for 
every  two  members  of  the  family,  and  sucn  other  property  as 
three  disinterested  freeholders,  upon  application  made  to 
some  justice  of  the  peace  for  the  county  in  whicli  the  appli- 
cant resides,  shall  lay  off  and  aseiyrn  ;  such  other  property  no* 
to  exceed  in  value  the  snm  of  tifiy  dollars  at  cash  valuation 


Chattel  Mortgages. 


No  mortgage  of  any  estate,  whether  real  or  personal,  shall  be  good  and  available  in  law 
Rpainst  creditors  or  purchasers  for  a  valuable  consideration,  unless  the  same  shall  hava 
be<n  proved  and  rej^isiered  within  six  mouths  afier  the  execution  of  such  mortgage. 

No  deed  of  trust,  or  nioriiratie  for  real  or  personal  estate,  shall  be  valid  at  law  to  pass 
any  property  as  atrainst  creditors  or  purchasers,  for  a  valuable  consideration  from  the  donor, 
baf/ainer,  or  mort^af.'er.  but  from  the  retristration  of  such  deed  of  trust  or  mortgage,  in  the 
county  where  the  land  lies,  or  in  case  of  chattels,  where  the  donor,  bargainer,  or  mortjjager, 
resides ;  or,  in  case  tlie  donor,  bargainer,  or  mort>;ager,  shall  reside  out  of  the  state,  then  in 
the  county  where  the  said  chattels  or  some  of  them  are  situate. 


Law  regulating  Contracts. 


invey  any  lan'i-. 
(1  or  slaves,  t>l. 
.   I)e  put  in  u 
■  II  by  him  tliei- 


rir  hereditaments,  or  Interest  in  or 
less  such  contract  or  some  memo- 
by  the  party  to  be  charged  there- 
authorized,  except  leases  not  ex- 


:  whereby  to  charge  any  executor  or  administrator  upon  a  spe- 
H,e8  out  of  his  own  estate,  or  to  charge  the  defi-ndant  upon  any 
■^  .  1  ;.<r  the  debt,  default,  or  miscarriajre  of  another  person,  unless  the 
.  such  action  shall  l)e  br(*ut;ht,  or  some  memorandum  or  note  thereof, 
I'l  sitfr^ed  t)y  the  party  to  be  charged  therewith,  or  by  some  person 
lully  authorized. 


Limitation  of  Actions. 

«o!»s  having  a  right  to  lands  must  make  claim  within  seven  years  next  ader  the  right 
'!,  exc«?pt  minors,  married  women,  and  persons  insane,  who  may  have  three  yearn 
''•■  removal  of  their  disability,  and  persons  beyond  seas  eight  years  aAer  their  right 

w  tionsof  iccount  rendered,  upon  the  case,of  debt  for  arrearagesof  rent, of  del)t  upon 
triirt,  of  d.'tinu",  rcjM.-vin,  and  trespass,  tfittier  for  goods  and  chattels,  or  quart 

wounding,  imprisonment.  wUhln  one  year. 
.  vithin  six  months  after  die  words  sp<iken. 
and  persons  beyond  sea,  have  the  same  periods  after  the 


Uiuv&i  of  UmU  dis«bUity. 


'fiM,^M^ 


Wi^mmm 


m  i©if  1  SM®iiiiAo  m 


2U 


Oanrille 


JiantlalsV 


^s7iizigton)iH   Y    DIE 


^^W 


246  SPECIAL    LAWS    OF    NORTH    CAROLINA. 

Collection  of  Debts. 

Attachment —TTpon  any  complaint  being  made  on  oath  to  any  of  the  judges  of  the  eu- 
preme  or  superior  courts,  or  to  any  justice  of  any  of  the  county  courts,  by  any  person,  his  attor 
sey,  agent,  or  factor,  that  any  person  [indebted  to  liim]  hatii  removed  or  is  removing  out  of  the 
county  privately,  or  so  absents  or  conceals  himself,  that  the  ordinary  process  of  law  can  not 
be  sei-ved  on  such  debtor,  and  further  swears  to  the  amount  of  his  debt  or  demand  to  the 
beet  of  his  knowledge  and  belief,  an  attachment  may  isFue  against  the  estate  of  such  debtor, 
wherever  the  same  may  be  found.  An  attachment  may  aleo  issue  in  favor  of  a  resident  of 
this  state  against  the  estate  of  anon-resident. 

Bv  act  of  1850,  clerks  of  the  county  and  superior  courts  may  issue  attachments  returnable 
to  their  respective  courts,  and  take  bonds  and  administer  oaths  in  cases  of  such  attachments. 


Deeds. 

Deeds  must  be  acknowledged  by  the  grantor  before  one  of  the  judges  of  the  supreme 
court,  or  of  the  superior  court,  or  in  the  court  of  the  county  where  tne  land  lies,  and  regis- 
tered by  the  public  register  of  the  county  where  the  land  lies,  within  two  years  from  tha 
date  of  the  deed. 

Residents  in  any  of  the  other  states,  or  in  the  territories,  or  in  the  District  of  Columbia, 
may  acknowledge  them  before  some  one  of  the  judges  of  supreme  jurisdiction,  or  of  the 
puperior  courts  of  law,  or  circuit  courts  of  law  of  superior  jurisdiction  within  said  state, 
territory,  or  district,  and  an  attestation  of  such  acknowledgment  endorsed  or  affixed  to  the 
deed  by  the  Judges,  and  a  certificate  of  the  governor  of  the  state  or  territory,  or  if  in  the 
District  of  Columbia,  a  certificate  of  the  secretary  of  state  of  the  United  States,  that  the 
judge  before  whom  said  acknowledgment  was  taken,  was  at  the  time  of  making  the  same 
one  of  the  judges  of  the  courts  of  supreme  jurisdiction,  or  of  the  supreme  courts  of  law, 
or  circuit  courts  of  law  of  superior  jurisdiction  within  said  state,  territory,  or  district,  shall 
also  be  affixed,  or  before  any  commissioner  appointed  by  the  governor  of  the  state,  and 
certified  by  bim  as  by  law  required. 

Conveyances  by  husband  and  wife  must  be  by  them  personally  acknowledged  before  one 
of  the  judges  of  the  supreme  or  superior  courts,  or  m  the  court  of  the  county  where  the 
land  lies,  the  wife  being  first  privily  examined  by  such  judge,  whether  she  doth  voluntar- 
ily assent  thereto. 

A  scrawl  of  tlie  pen  may  be  used  instead  of  a  seal. 


Rights  of  Married  "Women. 

Whenever  a  marriage  shall  take  place,  all  the  lands  or  real  estate  owned  by  the  femmt 
eoverte  at  the  time  of  the  marriage,  and  all  lands  or  real  estate  which  she  may  subsequently 
acquire,  by  will,  devise,  inheritance,  or  otherwise,  shall  not  be  8ul)ject  to  be  sold  or  leased 
by  the  husband  for  the  term  of  his  own  life,  or  any  less  term  of  years,  except  by  and  with  the 
consent  of  his  wifs  first  had  and  obtained,  to  be  ascertained  and  effectuated  by  privy  exam- 
ination, according  to  the  rules  now  required  by  law  for  the  sale  of  lands  by  deed  belonging 
to  Jemme  covertes.  And  further,  that  no  interest  of  the  husband  whatever,  in  such  lands  or 
real  estate,  shall  be  subject  to  sale  to  satisfy  any  execution  obtained  against  him,  and  all 
such  sales  are  declared  to  be  null  and  void  both  at  law  and  in  equity. 

Dower. — The  widow  is  endowed  of  one  third  part  of  all  the  lands,  tenements,  and  here- 
ditaments, of  which  her  husband  died  seized  and  possessed. 

The  dower  of  a  widow  shall  not  be  subject  to  the  payment  of  debts  due  from  the  estate 
or  her  husband,  during  the  term  of  her  life. 


Rate  of  Interest. 

The  legal  rate  is  six  per  cent.  All  contracts  whereby  a  higher  rate  is  reserved  are  Toid, 
and  the  party  exacting  it  is  liable  to  forfeit  double  the  amount  of  the  debt,  one  half  to  the 
■tate,  one  half  to  the  prosecutor. 


Wills. 

The  will  must  be  written  in  the  testator's  lifetime,  and  signed  by  him  or  by  some  other 
person  in  his  presence  and  by  his  direction,  and  subscribed  in  his  presence  by  two  wit- 
nesses, no  one  of  whom  shall  be  interested  in  the  devise.  Or,  if  found  among  his  papers 
must  be  in  his  own  handwriting,  and  his  name  subscribed  thereto,  or  inscribed  in  soma 
part  thereof,  and  the  handwriting  generally  known  by  his  acquaintan«e«,  and  proved  by 
three  witnesses  to  be  every  part  m  the  testator's  own  handwriting. 

No  will  in  writing  whereby  personal  estate  is  bequeathed,  shall  be  sufficient  to  convey 
or  give  the  same,  unless  such  will  be  executed  with  the  same  formalities  as  are  required  in 
Jhe  execution  of  wills  of  real  estate  ;  provided,  nevertheless,  that  the  provisions  of  this  act 
shall  not  be  construed  to  affect  nuncupative  wills.  No  will  in  writing,  made  after  1846, 
which  shall  not  be  sufficient  to  convey  or  give  personal  estate,  shall  be  good  u  to  any  real 
estate  therein  devised. 


SFSOIAL    LAWS    OF    SOUTH    CAROLINA  247 


SOUTH   CAROLINA. 

Conatitution  adopted,  1790.— Square  Milea,  25,200.— Population  in  1850,  668,457. 


Household  and  Homestead  Exemptions. 

There  \a  in  this  state  exempted  from  levy  and  sale  oo 
execution  the  followingr  articles,  namely:  to  each  family  two 
beds  and  necessary  beddin;?;  two  bedsteads;  one  spinning'- 
wheel,  and  two  pairs  of  cards;  one  loom,  and  one  cow  and 
calf;  if  a  farmer,  the  necessary  farming  utensils;  If  a  me- 
chanic, the  tools  of  his  trade ;  tne  ordinary  cooking  utensilfi 
and  ten  dollars'  worth  of  provisions. 

Be  it  enacted,  6fe.,  That  the  following!  property,  In  addition 
to  that  now  exempted  by  law,  to  wit:  to  each  family  the 
dwellinp-house,  ana  houses  appurtenant  thereto,  totjeiher  with 
fifty  acres  of  land,  and  also  one  horse,  and  twenty-five  dollars' 
worth  of  provisions,  be  and  the  same  ate  hereby  exempted 
from  levy  and  sale,  under  fieri  facias  and  assignment  under 
meene  or  final  process :  Provided,  that  the  said  exemption  shall  not  Include,  or  extend  to, 
%ny  properly  within  the  limits  of  any  city  or  town  corporate  of  this  state.  And  provided  fur 
ther,  that  the  value  of  the  said  real  e'etate  shall  not  exceed  the  sum  of  five  hundred  dollars. 

That  in  all  cases,  where  the  landed  property  of  the  debtor  shall  exceed  fifty  acres,  three 
conunissionfrs  shall  be  appointed  by  tlie  clerk  of  the  court,  upon  the  application  of  either 
the  plaintiff  or  defendant  in  the  execution,  whose  duty  it  shall  be  to  lay  off  to  the  debtor 
fifty  acres  of  land,  iucludint;  the  honiestead,  which  shall  always  be  done  most  favorably  and 
beneficially  for  the  family  for  whose  benefit  the  provision  is  made ;  the  remainder  of  whose 
land  may  be  liable  as  In  other  cases. 

And  if  the  said  fifty  acres  including  the  homestead,  so  laid  off,  shall  exceed  In  value,  by 
the  estimate  of  the  said  commissioners,  or  a  majority  of  them,  tlje  sum  of  five  hundred  dol- 
lars; then,  and  in  all  such  cases,  the  said  commissioners  shall  proceed  to  lay  off  such  quan- 
tity less  than  fifty  acres,  as  herembefore  provided,  the  value  of  which  shall  not  exceed  the 
•aid  sum  of  five  hundred  dollars,  the  remainder  of  which  may  be  sold  as  in  other  cases. 

That  the  said  commissioners  shall  make  a  full  return,  under  their  hands  and  seals,  of  their 
aroceedings  in  the  premises,  together  with  a  plat  or  some  other  concise  cescription  of  the 
lands  laid  off  by  them,  to  the  clerk  of  the  court  and  shall  be  entitled  to  receive  a  com- 
pensation for  their  services,  not  exceeding  one  dollar  each  per  day,  to  be  paid  by  the  de- 
fendant ;  and  the  clerk  of  ilie  court  shall  keep  a  suitable  book,  in  which  the  appointment  of 
the  commissioners,  together  with  their  return  and  all  other  proceedings  in  the  case,  shall 
be  recorded ;  for  which  services,  the  said  clerk  shall  be  entitled  to  receive  in  like  manner, 
from  the  defendant,  the  sum  of  three  dollars. 

That  this  act  shall  take  effect,  from  and  after  the  first  day  of  March,  1852,  in  relation  to 
•U  debta  thereafter  contracted. 


Mechanics'  Lien. 

Etfkt  majter  mechanic,  handicraftsman,  and  artificer,  who  Bhall  erect.  Improve,  of 
repair  any  building,  shall  have  a  lien  thereon  for  the  amount  Justly  due  him  therefor. 

A  KK-mumndum,  in  nature  of  a  contract,  must  be  signed  in  presence  of  one  or  more  wit 
n  •   parties  to  such  contract  aud  the  proprietor  of  the  premises  or  his  lawful 

'•  'ii^  a  piiriicular  account  of  the  work  to  oe  done,  the  materials  to  be  furnished. 

'■  deiicriptir»n  of  the  premites,  and  recorded  in  the  office  of  the  register  of 

I  inces  for  the  district  in  which  such  buildings  are. 

I  be  in  no  case  for  a  greater  sum  tlian  the  just  value  which  such  building  or 
I  nhall  give  to  the  land. 

commence  from  the  recording  of  the  contract,  and  to  continue  only  for  tliree 
years,     tnm  not  to  Impair  any  prior  Ilea 


Chattel  Mortgages. 


No  mortTarn  of  pAraonal  pron^rtv  nhall  he  valid  so  na  to  affect  the  rights  of  subsequent 

r..,i  r,,r«  i.r  ,,,.  r^i, ......r.,   f,.r..  v,.i,,«i...  -,  i* .  .  I .. , ,.  I  , .,,    »i.t|iout  notlc«,  uuless  the  same  shall 

'  vanreii  for  the  district  where  the 

I  where  the  properly  mortgaged 

.1  i;  .,         ■  .  hixty  days;  and  if  lit*  properly  cod> 


250  ,        SPECIAL    LAWS    OF    SOUTH    CAROLINA. 

sists  of  one  c  r  more  slaves,  then  also  in  the  office  of  the  secretary  of  state,  within  sixty  days 
In  the  districts  of  Charleston  and  Richland,  thoy  shall  be  recorded  in  the  office  of  the 
secretary  of  state  only. 


Law  regulating  Contracts. 

Promises  by  executors  or  administrators  to  bind  their  own  estate ;  by  any  one  to  pay  the 
debt  of  atiotlier,  or  in  consideration  of  marriage,  or  for  any  interest  in  lands,  except  leases 
not  exjeeding  three  years,  or  that  are  not  to  be  performed  within  one  year  from  the  making 
thereof,  are  void,  unless  tho'aj^reement  or  some  memorandum  thereof  be  put  in  writing, 
and  signed  by  the  party  to  be  charged  or  some  one  lawfully  authorized. 


Limitation  of  Actions. 

All  titles  to  lands  or  possessions  for  ten  years  shall  be  good  against  all 
claims  whatsoever.     Persons  beyond  seas  allowed  three  years. 

Any  perani  may  prosecute  his  right  to  land  within  ten' years  ;  persons  beyond 
■eas,  married  women,  and  persons  imprisoned,  have  seven  years ;  minors  have  five 
years  after  their  majority. 

In  actions  to  try  titles  to  land,  if  the  plaintiff  or  claimant  discontinue,  or  suffer 
a  nonsuit  verdict  or  judgment  against  him,  or  in  any  other  way  let  the  first  ac- 
tion fall,  he  may  bring  a  second  action  within  two  years;  otlierwise  he  is  barred. 
The  second  action  is  final. 

Actions  of  trespass  quare  clausum  /regit,  trespass,  detinue,  trover,  replevin, 
debt,  covenant,  and  case,  must  be  brought  within  four  years. 

Actions  of  trespass  of  assault  a6d  battery,  and  imprisonment,  must  be  brought 
within  one  year. 

Actions  of  slander  most  be  brought  within  six  months. 


Collection  of  Debts. 

Attachment.  —  Attachment  may  issue  against  the  property,  real  and  person- 
al, of  a  non-resident  debtor,  or  a  debtor  who  absconds,  or  who  is  removing  out  of 
the  district,  or  who  conceals  himself  so  that  process  can  not  be  served  upon  him. 

Arkest.  —  A  debtor,  about  to  abscond  before  the  maturity  of  the  debt,  may  be 
held  to  bail. 

A  debtor  may  be  held  to  bail  in  any  case  where  the  debt  exceeds  thirty  dollars 
and  sixty-two  cts.,  upon  affidavit  of  the  fact  being  annexed  to  the  writ  or  process. 


Deeds. 

AcKNOWLKBGMKNTs  of  deeds  by  the  grantor  on  proof  of  their  execution  by  one 
of  the  subscribing  witnesses  may  be  made  before  any  magistrate.  Conveyances 
shoul'^  t»e  immediately  recorded  in  the  oflice  of  the  register  of  mesne  conveyan- 
ce.^; of  the  district  where  the  land  lies.  In  Charleston  district  there  is  a  special 
register ;  in  all  the  other  districts  the  clerk  of  the  court  acts  as  register. 

They  may  be  acknowledged,  out  of  the  state,  before  commissioners  appointed, 
by  the  governor  for  that  purpose. 

A  scrawl  of  the  pen  may  b%  used  for  a  seal.  The  conveyance  must  be  attest- 
ed by  two  witnesses. 

The  wife  may  release  her  dower,  if  shelfe^e  of  lawful  age,  in  the  premises  con- 
veyed by  her  husband,  by  going  before  any  judge  of  the  court  of  common  pleas 
or  magistrate  for  the  district  in  which  she  may  reside  or  the  land  may  be  and 
acknowledge  before  him,  upon  a  private  and  separate  examination,  that  she  did 
freely  and  voluntarily,  without  any  compulsion,  dread,  or  fear,  of  any  person 
whomsoever,  renounce  and  release  her  dower  to  the  grantor,  his  heirs  and  as- 
signs, in  the  premises  mentioned  in  such  deed. 

A  certificate,  under  the  hand  of  the  woman  and  the  band  and  seal  of  the  magis- 
trate, shall  be  endorsed  upon  such  release,  and  recorded  in  the  office  of  mesne 
conveyances,  or  office  of  the  clerk  of  the  county  court  in  the  district  or  county 
where  the  land  lies 


SPECIAL    LAWS    OP    SOUTH    CAROLINA.  251 

Form  of  Acknowledgment  by  a  Single  Man. 
The  State  of  South  Carolina,  ) 
Charleston  District      > 

I,  John  Jones,  one  of  ihejiidga  of  the  cohort  of  common  pleas,  do  hereby  certify  thai 
John  Dok  did  this  day  appear  before  me  and  acknowledge  that  he  did  sign,  seal,  and 
delirer,  the  within  conveyance  unto  -the  within-named  James  Ssiith,  as  his  free  act 
and  deed. 

Given  under  my  hand  and  seal,  this  thirtieth  day  of  April,  Anno  Domini  one  thou.iiiud 
eight  hundred  and  fifty-one.  .    JOHN  JONES  (Seal.) 

Form  by  Statute  for  Release  of  Dower 
The  State  of  South  Carolina,  ) 
Charleston  District         5 

I,  John  Jones,  one  of  the  judges  of  the  court  of  common  pleas,  do  hereby  certify  un- 
to all  whom  it  may  concern,  that  Susan  Doe,  the  wife  ofthe  within-named  John  Dos, 
did  this  day  appear  before  me,  and  upon  being  privately  and  separately  examined  by  me, 
did  declare  that  she  does  freely,  voluntarily,  and  withoutany  compulsion,  dread,  or  fear,  ol 
any  person  or  persons  whomsoever,  renounce,  release,  and  for  ever  relinquish  unto  the 
within-naraed  Dunn  Bbown,  his  heirs  and  assigns,  all  her  interest  and  estate,  and  also 
all  her  right  and  claim  of  dower,  of,  in,  or  to,  all  and  singular  the  premises  within-men- 
tioned and  released. 

Given  under  my  hand  and  seal,  this  thirtieth  day  of  April,  Anno  Domini  one  thousand 
eight  hundred  tmd  fifty-one.  SUSAN  DOE. 

(SeaL)        John  Jones,  Judge. 

Form  for  Renunciation  of  inheritance. 
The  State  of  South  Carolina,  \ 
Charleston  District        j 

I,  John  Jones,  one  of  the  judges  of  the  court  of  common  pleas,  do  hereby  certify  unto 
all  whom  it  may  concern,  tljat  Susan  Doe,  the  wife  of  the  within  named  John  Dok,  did 
this  day  appear  before  me,  and  upon  being  privately  and  separately  examined  by  me, 
did  declare  that  she  did  actually  join  her  said  husband  in  executing  the  within  release, 
and  that  the  same  was  positively  and  bonafide  executed,  at  least  seren  days  before  this 
her  examination,  and  that  she  did  then,  and  still  does  at  this  time,  freely,  voluntarily, 
and  without  any  manner  of  compulsion,  dread,  or  fear,  of  any  person  or  persons  whom- 
soever, renounce,  release,  and  for  ever  rehnquish,  unto  the  within-named  James  Smith, 
hia  heirs  and  assigns,  all  her  estate,  interest  and  inheritance,  in  all  and  singular  the  prem- 
ises within  mentioned  and  released. 

Given  under  my  hand  and  seal,  thii  thirtieth  day  of  AprUf  Anno  Domini  one  thousand 
eight  hundred  and  fifty-one.  SUSAN  DOC, 

(SeaL)        John  Jones,  Judge. 


Rights  of  Married  WomexL 

The  common  law  In  regard  to  the  rights  of  married  women  prevails  in  this 
state,  except  that  marriage^settlement  deeds  mast  be  recorded  in  the  office  of 
the  secretary  of  state,  and  register  of  mesne  conveyance  within  three  montiis 
after  their  execution. 


Rate  of  Interest 

Th«  legal  rate  is  seven  per  cent     The  party  relerving  mors,  foifelts  the  en- 
tire interest,  and  mast  pay  the  costs. 


Wills. 


WitT.8  mnrt  be  in  writing,  Hier.ed  by  the  tefltaior.  or  some  person  in  his  pre» 
ence  and  by  his  express  direction,  and  attested  and  subscribed  in  the  presence 
of  the  tcsutor  by  tliree  or  more  competent  witnesses. 


252 


"^       ©  1  0  1  ©  1 1.,       ^' 


253 


254  SPECIAL    LAWS    OF    GEORGIA. 


GEORGIA. 

Cunsatution  adopted  17i»8.— Square  Miles  61,500.— Population  in  1850, 877^97. 


Exemptions. 

There  are  exempt  from  attachment  and  sale  on 
execution,  two  beds  and  bedding,  common  bedsteads, 
a  spinning-wheel,  and  two  pairs  of  cards ;  a  loom, 
common  tools  of  the  debtor's  trade,  and  ordinary  cook- 
ing-utensils;  thirty  dollars'  worth  of  provisions,  and 
the  family  Bible ;  a  cow  and  calf;  one  horse  or  mule, 
the  value  of  which  shall  not  exceed  fifty  dollars ;  aioo 
ten  head  of  hogs ;  one  yoke  of  oxen  and  cart,  if  he 
owns  no  horse :  the  same  privileges  are  extended  to 
every  widow  and  her  family,  during  her  widowhood. 


Homestead-Ezemption  Law. 

Every  white  citizen  of  this  state,  male  or  female,  being  the  head  of  a  family 
may  own,  free  from  levy  and  sale  by  virtue  of  any  judgment,  order,  or  decree,  of 
any  court  of  law  or  equity  in  this  state,  founded  on  any  contracts  made  after  the 
first  day  of  May,  one  thousand  eight  hundred  and  forty-two,  or  any  process  ema 
nating  upon  the  same,  twenty  acres  of  land,  and  the  additional  sum  of  five 
acres  for  each  of  his  or  her  children  under  the  age  of  fifteen :  Provided,  that  the 
same,  or  any  part  thereof,  be  not  the  site  of  any  city,  town,  or  village,  or  of  any 
cotton  or  wool  factory,  saw  or  grist  mill,  or  of  any  other  machinery  propelled  by 
water  or  steam. 

The  twenty  acres  thus  exempted  shall  include  the  dwelling-house  and  im- 
provements of  the  original  tract,  provided  the  value  of  such  dwelling-house  and 
maprovements  shall  not  exceed  $200-extended  to  cities,  towns,  and  villages. 

From  and  after  the  passage  of  this  act  (December  22,  1843),  the  amount  of 
fifty  acres  of  land  to  the  head  of  each  family  is  exempt  from  levy  and  sale  by 
virtue  of  any  judgment,  order,  or  decree,  of  any  court  of  law  or  equity  in  this 
atate,  founded  on  any  contracts  made  after  tlie  first  day  of  January,  one  thousand 
eight  hundred  and  forty-four,  except  the  same  shall  be  for  the  purchase-money  of 
said  land,  for  the  payment  of  which  said  land  shall  be  bound. 

The  same  property  is  likewise  exempt  from  attachment. 


Mechanics'  Lien. 

Evert  mason  or  carpenter,  building  or  repairing  any  house,  shall  have  a  Hen 
on  the  same,  if  he,  within  tJiree  months  from  the  time  the  same  is  completed, 
cause  to  be  recorded  in  the  clerk's  office  of  the  county  where  such  building  may 
be,  his  claim  thereon.     The  lien  covers  machinery  also. 

Within  twelve  months  from  the  time  bis  debt  is  due,  he  must  institute  a  suit 
to  enforce  his  lien. 

All  persons,  employed  in  any  capacity  whatever,  on  all  steamboats  and  other 
water-craft  engaged  in  the  navigation  of  the  Chattahooche,  Altamaha,  Ocmulgee, 
Savannah,  and  Flint  rivers,  also  those  who  furnish  wood  and  provisions  to  said 
steamboats  and  water-craft,  shall  have  an  exclusive  lien  on  the  same  for  theii 
debt,  if  they  prosecute  the  collection  within  twelve  months  after  it  is  due. 


SPECIAL    LAWS    OP   GEORGIA.  255 

When  the  sam  exceeds  thirty  dollars,  they  may  make  afl3davit  of  the  sum  due 
before  any  judge  of  the  snperiof  court,  or  justice  of  tl  e  inferior  court  in  the  county 
where  the  craft  lies,  and  judgment  may  be  entered  thereon,  and  execution  issue 
immediately. 

If  the  sura  be  thirty  dollars  or  uader,  then  the  same  proceeding  may  be  had 
before  a  justice  of  the  peace. 

Provision  is  made  for  proceedings  when  the  claim  is  contested. 

The  same  lien  and  expeditious  proceedings  are  allowed  to  persons  employed 
b  steam  saw-mills,  to  those  furnishing  timber  or  firewood,  provisions  or  suppliei 
therefor. 

Also  millwrights  and  builders  of  gold-machines  in  this  state  are  entitled  to  the 
same  lien,  and  the  same  method  of  enforcing  it. 


Chattel  Mortgages. 

These  must  be  proved  by  the  affidavit  of  the  subscribing  witness,  and  re- 
corded in  the  clerk'g  oflRce  of  the  superior  court  of  the  county  in  which  the  mort- 
rager  resided  at  the  time  of  the  execution  of  the  mortgage,  within  three  months 
from  the  date  thereof 


"Law  regulating  Contracts. 


No  action  shall  he  brought  whereby  to  charge  any  executor  or  administrator, 
npon  any  special  promise,  to  answer  damages  out  of  his  own  estate ;  or  whereby 
to  charge  the  defendant,  upon  any  special  promise,  to  answer  for  the  debt,  de- 
fault, or  miscarriage,  of  another  person  ;  or  lo  charge  any  person,  upon  any  ajjree- 
ment  made  upon  consideration  of  marriage  ;  or  upon  any  contract  or  sale  of  lands, 
tenements,  or  hereditaments,  or  any  interest  in  or  concerning  them  ;  or  upon  any 
agreement  that  is  not  to  be  performed  within  the  space  of  one  year  from  the 
making  thereof;  unless  the  agreement  upon  which  such  action  shall  be  brought, 
or  some  memorandum  or  note  thereof,  shall  be  in  writing,  and  signed  by  the 
party  to  be  charged  therewith,  or  some  other  person  thereunto  by  him  lawfully 
tuthorized. 

No  contract  for  the  sale  of  any  goods,  wares,  and  merchandises,  for  the  price  of 
ten  pounds  sterling  or  upward,  shall  be  allowed  to  bo  good,  except  the  buyer 
shall  accept  part  of  the  goods  so  sold,  and  actually  receive  the  same,  or  give  some* 
thinp  in  eamest  to  bind  the  bargain  or  in  part  payment,  or  that  some  note  or  mem- 
orandum in  writing  of  the  said  bargain  be  made  and  signed  by  the  parties  to  be 
charged  by  such  contract,  or  their  agents  thereunto  lawfully  authorized. 


Limitation  of  Actions. 

Actions  for  the  recovery  of  land  must  be  brought  within  seven  yearn. 

Infants,  married  women,  persons  insane,  imprisoned,  and  beyond  seas,  htive 
three  yc&rn  after  the  removal  of  such  disBbility. 

Actions  ufKm  the  case,  other  than  for  slander,  actions  for  account,  for  trespass, 
debt,  detinue,  and  replevin,  for  goods  and  [chattels]  cattle,  and  trespass  quart 
cl'tv»iim  freeit,  within  four  years. 

Actions  of  trespass  of  assault,  battery,  wounding,  and  imprisonment,  within 
two  yrars. 

Actior.s  niK.n  the  case  for  words,  within  six  months  after  the  words  spoken. 

Inf;  ■  '  '.vomen,  persons  insane,  imprisoned,  and  beyond  seas,  have 

th*»  su  >r  their  disability  is  removed. 

Nott^ uments  in  writing,  not  under  seal,  within  six  vears.     lustra* 

mcnta  under  seal,  within  twenty  years;  actions  on  open  account,  witliiu  ibar  years. 

Actions  on  foreicn  judirments  in  five  years 

The  time  wh.ii  the  defendant  has  abHcouded  or  removed  from  the  state  Is  not 

incinderi  in  the  cntiifxitsirion 


256  SPECIAL    LAWS    OP    GEORGIA. 


Collection  of  Debts. 

Attachmknt.— In  case  of  non-residence,  or  where  both  debtor  and  crediW 
reside  without  the  limits  of  the  state,  the  creditor  may  attach  the  real  and  per- 
•onal  property  of  the  debtor  in  the  state. 

When  a  debt  is  not  due,  and  the  debtor  is  removing  or  about  to  remove  witb- 
3ut  the  limits  of  the  state,  and  oath  is  made  by  the  creditor,  his  agent,  or  attor- 
ney, of  the  amount  due  or  to  become  due,  and  that  the  debtor  is  removing  or 
about  to  remove  out  of  the  state,  an  attachment  may  issue  against  his  property. 

In  all  cases  pending  a  suit,  if  the  defendant  place  himself  in  such  a  circum- 
stance as  would,  by  the  laws  of  the  state,  authorize  an  attachment,  one  may 
issue. 

Arrest. — Any  person  imprisoned  or  arrested  for  debt,  who  shall  make  it 
appear  to  the  court  that  he  is  insolvent,  and  shall  deliver  a  schedule  of  his  real 
and  personal  estate,  debts,  credits,  and  effects,  and  shall  take  the  poor  debtor's 
or  insolvent's  oath,  shall  obtain  a  discharge  from  imprisonment ;  and  every  debtor 
so  discharged  shall  not  be  liable  to  be  imprisoned  on  execution  for  any  debt  con- 
tracted before  his  discharge  with  any  creditor  having  notice  of  his  application 
for  such  discharge,  nor  shall  he  be  arrested  or  held  to  bail  in  mesne  process  for 
any  debt  or  contract  entered  into  prior  to  his  discharge. 

Married  women  and  widows  are  not  liable  to  arrest  for  debt 


Deeds. 


Deed?  must  be  executed  under  hand  and  seal  (scroll),  in  the  presence  of  two 
or  more  witnesses,  and  acknowledged  or  proved  before  a  justice  of  the  peace,  or 
the  chief  justice,  or  one  of  the  assistant  justices,  or  clerk  of  the  superior  oourt, 
the  ordinary  or  clerk  of  the  inferior  court,  sheriff,  deputy- sherifiF,  tax-receiver, 
tax-collector,  or  county-surveyor,  in  which  the  instrument  is  executed  oracknowl 
edged,  or  mayor,  or  intendant,  or  commissioner  of  any  incorporated  town  or  city, 
and  registered  by  the  clerk  of  the  court  in  the  county  where  such  lands  lie,  with- 
in twelve  months  from  the  date  of  sucn  deed.  Seven  years  undisturbed  posses- 
sion gives  good  title  to  land. 

Deeds  must  be  attested  or  proved  before  the  clerk  of  the  superior  court,  to  be 
ttdmitted  to  record.  Deeds  made  out  of  the  state  may  be  admitted  to  record  on 
affidavit  of  one  of  the  subscribing  witnesses  before  an  officer  in  this  state  as  in 
other  cases.  The  wife  joining  must  acknowledge  and  agree,  before  the  chief 
justice,  or  any  justice  jf  the  peace,  or  other  officer,  authorized  to  take  the  ac 
knowledgnient,  on  private  examination,  that  she  did.'of  herown  free  will  and  ac- 
cord, subscribe,  seal,  and  deliver  the  said  deed,  with  an  intention  thereby  to  re- 
nounce, give  up,  and  fur  ever  quit-claim  to  her  right  of  dower  and  thirds,  of,  in 
to,  and  to,  the  lands  or  tenements  therein  mentioned 

Consuls  and  vice-consuls  of  the  United  States,  duly  appointed  and  recognised, 
may  take  such  acknowledgment  of  persons  being  within  their  consulates,  and 
certify  the  same  under  their  official  seals. 

Form  of  Acknowledgment. 
State  of  Georgia,  )  .    „,.. . 

County  of  Crnirford,  \  ^°  ^^^ ' 
On  this  Jirst  day  of  October,  one  thousand  eight  hundred  and  ffiy,  before  me 
personally  came  John  Doe  and  Susan  his  wife,  to  me  known  to  be  the  persons 
described  in,  and  who  executed  the  foregoing  conveyance,  and  severally  ac- 
knowledged that  they  executed  the  same;  and  the  said  Susan,  on  ppvatt 
examination,  acknowledged  and  agreed  that  she  did,  of  her  own  free  will  and 
accord,  subscribe,  seal,  and  deliver  the  said  deed,  with  an  intention  therebv  in 
renou  nee,  give  vp,  and  for  ever  quit-claim,  her  right  of  dower  and  thirds,  and  aU 
her  other  interest  of,  into,  atid  to,  the  lands  or  tenements  tlierein  mentioned. 

JOHN  JONES,  Jjistice  of  the  Peace. 


■PECIAL    LAWS    OP    GEORGIA.  257 

Rights  of  Married  "Women. 

DowKR  — The  wife  must  make  application  for  her  dower  within  seven  yeart 
from  the  lime  of  her  liusband's  death. 

All  conveyances  of  lands  and  tenements  made  by  the  husband  alone  during 
coverture  shall  convey  the  entire  premises  (except  such  lands  as  the  husbami  is 
•eized  of  by  his  intermarriage  with  his  wife),  any  law,  usage,  custom,  or  rule  of 
court,  to  the  contrary'  notwithstanding  ;  Provided,  that  nothing  herein  contained 
shall  deprive  the  widow  of  her  right  to  dower  in  all  land«  of  which  her  husband 
may  have  died  seized  and  possessed. 


Rate  of  Interest 

The  legal  rate  is  seven  per  cent.    If  more  be  reserved,  the  party  loses  the 
entire  interest 


WiUs. 


These  most  be  in  writing,  signed  by  the  testator  or  some  person  in  his  pres- 
ence Tind  by  his  express  direction,  and  attested  and  subscribed,  in  the  presence 
of  the  testator,  by  three  or  four  competent  witne.'?see. 


««• 


I 


^58 


iJ59 


260  SPECIAL    LAWS    OF    FLORIDA. 


FLORIDA. 

Cciiatitution  adopted  1845.— Square  MUea  59,26a— Populati(»  In  1850,  87,387. 

• 

Exemptions. 

The  necessaiy  wearing-apparel  and  bedding  of  er 
ery  person,  and  the  necessary  wearing  apparel,  bedding, 
and  kitchen  funiitare  of  every  family,  shall  be  exempt 
from  execution,  attachment,  and  distress.     The  follow- 
ing property  may  be  claimed  as  exempt  from  execu- 
tion, attachment,  and  disti-ess,  except  for  violation  of  the 
criminal  laws:   the    horse^  saddle,  and  bridle,  or  the 
horse,  saddle,  vehicle,  and  liamess,  of  every  clergyman, 
not  exceeding  in  value  one  hundred  dollars. 
_  The  horse,  saddle,  and  bridle,  medicine,  and  profes- 
edonai  books,  and  instruments,  of  every  surgeon,  mid- 
wife, or  physician,  not  exceeding  in  value  one  hundred 
dollars  :  one  net  of  working-tools,  or  instruments  of  every  mechanic,  artist,  dentist, 
artisan,  or  tradesman,  not  exceeding  in  value  one  hundred  dollars. 

The  liorse  and  gun  not  exceeding  in  value  one  hundred  dollars,  belonging  to  ev- 
ery farmer  who  is  in  actual  cultivation  of  five  or  more  acres  of  land  within  the 
state; 

Every  actual  housekeeper  with  a  family,  may  claim  as  exempt,  such  portion  of 
ftis  property  as  may  be  necessary  to  the  support  of  him.sclf  and  family,  not  to  ex- 
ceed in  value  one  hundred  dollars;  thereby  waiving  claim  to  all  riglit  to  other  ex- 
emption of  property;  provided,  in  every  case,  the  defendant  is  not  moving  out  of 
the  state,  nor  resides  beyond  the  limits  thereof,  nor  is  removing  bis  property  be- 
yond the  limits  of  the  same,  nor  is  secreting  or  fraudulently  disposing  of  his  prop 
erty  for  the  purpose  of  avoiding  the  pajTuent  of  his  jiist  debts  ;  and,  provided  o!so 
the  defendant  shall  make  affidavit  that  he  hath  made  a  fair,  full,  and  complete 
Btateraeut  of  all  his  property,  in  trust  or  otherwise,  of  all  moneys,  debts,  and  de- 
mands, due  or  to  become  due,  which  statement  shall  be  signed  "by  him  and  with 
the  affidavit  accompanying  the  return  of  the  process. 

Every  farmer  seized  and  possessed  of  forty  acres  of  land,  in  his  or  her  own  right 
in  fee  simple,  and  shall  actually  have  in  cultivation  at  least  ten  acres  of  the  same, 
shall  hold  the  same  free  and  exempt  from  execution,  attachment,  or  distress,  ex- 
cept for  a  violation  of  the  criminal  law,  or  for  fines  or  taxes  ;  provided,  the  land 
and  improvements  do  not  exceed  in  value  two  hundred  dollars. 

Also  the  boat  and  gun  of  everj'  fisherman,  pilot,  or  resident  upon  any  island  or 
coast,  or  any  bay,  harbor,  or  inlet  of  the  state,  and  the  boat  and  flat  of  any  ferry- 
man, when  in  either  ca.se  the  same  shall  not  exceed  in  value  two  hundred  dollars. 
Every  owner  of  a  dwelliughouae  in  a  city,  town,  or  villagr,  provided  be  shall  actu- 
ally reside  in  said  house,  ajid  provided  also  tbe  same  shall  not  exceed  in  value  three 
hundred  dollars,  shall  hold  the  same  free  from  execution,  attachment,  or  distress,  ex- 
cept for  violation  of  the  criminal  laws,  or  for  tines  or  taxes. — Passed  January  22,  185' 


Mechanics'  Lien. 

Mastkr-buii-ders  and  mechanics  of  every  denomination,  in  the  state  of  Florida, 
contracting  and  engaging  ^to  put  up  and  erect  buildings  of  every  description,  or  enga- 
ging to  perform  jobs  of  work  on  any  such  buildings,  .-iiall  have  a  lien  on  all  such  build- 
ings HS  ihcy  may  put  up  or  erect  or  work  upon,  until  the  compensation  for  services  shall 
De  fully  paid  and  eatistied,  to  the  amount  agreed  upon  between  the  contracting  parties. 

They  shall  enforce  the  lien  only  in  the  following  cases,  viz. :  1.  Where  the  contract 
•hall  be  reduced  to  writing  and  signed  by  tbe  parties  making  tbe  same.    2.  Where 


SPECIAL    LAWS    OF    fLOJtIDA.  261 

ne  Bmonnt  shall  be  liquidated  between  the  contracting  parties,  and  a  net  balance 
be  struck  between  the  persona  contracting  to  perform  as  aforesaid,  or  providf 
matorinla. 

All  contracts  entered  into,  liquidated  or  net  balance  struck,  shall  be  recordeA 
in  the  clerk's  office  of  the  circuit  court,  for  the  county  where  such  contract  shall 
be  required  to  be  executed,  within  thirty  days  after  their  execution. 

Artiffans,  builders,  aud  mechanics,  and  those  who  furnish  materials  for  build- 
ings under  contract  with  the  proprietor  thereof,  aud  all  sub-contractors,  shall  have 
a  Hen  for  such  material  funushed,  and  for  work  and  labor  done  on  bouses  and 
nther  edifices,  by  them  hereafter  erected  in  whole  or  in  part,  each  one  for  hia 
own  work  and  materials  famished. 

Every  person  wishing  to  avail  himself  of  the  benefits  of  this  act,  except  sub- 
contractors, must  file  with  the  clerk  of  the  circuit  court  of  the  county  in  whi'^h  the 
building  to  be  charged  is  situate,  and  within  six  mouths  after  the  materials  have 
been  furnished  or  the  work  and  labor  performed,  a  just  and  true  account  of  the 
demand  due  him  after  all  credits,  and  verify  it  by  his  own  oath  or  that  of  some  other 
person,  and  also  hie  at  the  same  time  a  correct  description  of  the  pr^KJrty  to  be 
charged  with  said  lien. 

Every  sub-contractor  shall  give  notice  in  writing  to  the  proprietor,  of  his  inten- 
tion to  furnish  materials  or  perform  labor  on  the  building,  and  the  probable  value 
thereof,  and  if  afterward  (the  proprietor  or  his  agent  not  objectuig),  materials  are 
furnished  or  work  done,  the  sub-contractor  shall  settle  with  the  contractor  in  wri- 
ting, the  same  signed  by  the  contractor,  and  certified  by  him  to  be  just,  shall  be 
left  with  the  owner  or  proprietor,  or  his  agent,  and  within  ten  days  from  the  time 
the  materials  are  furnished  or  work  done,  the  subcontractor  shall  file  with  the 
ckrk  of  the  circuit  court  of  the  county  in  which  the  building  is  situate,  a  copy 
j(  such  settlement  which  shall  be  a  lien  on  the  building ;  and  be  must  also  file  s 
>)rrect  description  of  the  property  to  be  charged  with  the  lien. 

The  land  upon  which  any  building  shall  be  erected,  together  ■with  a  convenient 
ipace  around  the  same  not  exceeding  five  hundred  square  feet,  clear  of  the  build- 
iiiiT.  shall  also  be  subject  to  the  above  liens. 

Siiip-chandlers,  storekeepers,  and  all  dealers,  mechanics,  and  workmen,  shall 
fcavo  a  lien  on  any  ship,  vessel,  steamboat,  or  other  water  craft,  for  all  stores,  pro- 
risions,  rigging,  or  other  materials,  or  labor  or  services  of  any  kind  funiishcd  or 
rendered  to,  or  for  the  use  of  such  vessel,  Sec. ;  which  lien  shall  have  a  preference 
over  all  others  ;  tlie  lien  to  cease  if  not  enforced  within  twenty  days  after  the  aaxae 
accrued. 


Chattel  Mortgages. 

Thkse  must  be  acknowledged  and  recorded  in  the  county  where  tlie  men- 
paged  property  shall  be  at  the  time  of  the  execution  of  the  mortgage. 


Law  Regulatmg  Contracts. 

No  action  shall  be  brought  whereby  to  charge  any  executor  or  administrator,  upon 
iiy  ^p*'r'\H\  promise,  to  aniwer  damages  out  of  his  own  estate  ;  or  whereby  to  cburgo 
t.  upon  any  siM-cial  promise,  to  answer  for  the  deiit,  default,  or  miscar- 
Imt  jjrrson  ;  to  chargo  any  person,  upon  any  agrerment  made  upon 
f  marrinpe;  or  upon  any  contract  for  sale  of  lands,  tenements,  or  hermiit 

rtnm  interest  in  or  concerning  them,  or  for  any  hire  thereof,  for  a 

year  ;  or  upon  any  ajfreement  thnt  is  not  to  be  performed  within 

Irom  the  making  thereof  ;  unless  the  ncreenieiit  upon  which  such 

;lil,  or  some  meniuramium  or  note  thereof,  shall  be  in  writing,  and 

irty  to  b«  charged  therewith,  or  some  other  person  thereunto  by  him 

ed. 

the  sale  of  any  personal  property,  or  goods,  wares,  and  merchandises 
Lteba  good,  except  the  buyer  shall  accept  part  of  the  goods  so  sold, 
^^      tho  aune,  or  giro  something  in  earnest  to  bind  the  bargain  or  io 


262  SPECIAL    LAW'S    OP    FLORIDA. 

part  payment,  or  that  some  note  or  memorandum  in  writing  of  the  baid  bargain  b*>  made 
aud  signed  by  the  parties  to  be  charged  by  such  contract,  or  their  agenta  thertuutc 
lawfully  authorized. 


Limitation  of  Actions. 

Actions  for  the  recovery  of  real  property  must  be  brought  within  seven  years.  In 
case  of  disability,  of  infancy,  &c.,  within  four  years  after  the  removal  of  such  disability. 
In  case  of  death  during  disability,  tlien  within  three  years  thereafter. — Act  of  Jan.  1848. 

All  actions  upon  the  ciise,  other  than  for  slander,  of  account,  for  trespass,  debt,  deti- 
nue and  replevin  for  goods  and  chattels,  and  the  said  actions  of  trespass  quare  clausum 
/regit,  must  be  brousrht  within  iive  years  next  after  the  cause  of  action  accrued. 

Actions  of  assault,  Lattery,  wounding,  and  imjwisonment,  within  three  years. 

Actions  upon  the  case  for  words  within  one  year.  Actions  founded  upon  any  ac- 
eount  for  goods  sold  and  delivered,  or  for  any  article  charged  in  any  book-account,  must 
be  brought  within  two  years  trora  the  delivery  of  the  goods  :  if  the  creditors  or  the 
debtors  die  within  such  two  years,  then  the  further  time  of  two  years. 

Infants,  married  women,  persons  insane,  imprisoned,  beyond  seas,  or  out  of  the 
counci-y,  have  the  same  periods  rc.?pective.ly  after  the  removal  of  their  disability. 

Actions  of  account,  as  concern  murchandise  between  merchant  and  merchant,  actions 
of  debt  on  speciality,  actions  of  covenant,  are  not  regulated  by  statute,  but  governed 
by  the  English  law  prior  to  1776. 

Ill  suits  against  administrators  on  open  account,  it  is  the  duty  of  the  court  to  expunge 
every  item  due  live  years  before  the  death  of  the  party. 

No  action  can  be  brought  on,  or  scire  facias  to  revive  a  judgment  against  an  adminlB- 
trator  or  executor  after  five  years  from  the  time  such  administrator  or  executor  qualified. 

If  any  person,  by  absconding,  concealing  himself,  or  otherwise,  prevents  bis  credit- 
or from  bringing  suit  within  the  time  above  specified,  the  statute  may  not  be  pleaded 
by  such  person  in  bar  of  any  suit  brought  against  him. 


Collection  of  Debts. 

Attachment. — Attachment  may  issue  upon  an  affidavit  that  there  is  a  debt 
due  or  to  become  due  within  nine  months,  and  that  the  debtor  is  actually  removing 
out  of  the  state,  or  resides  beyond  the  limits,  or  absconds,  or  conceals  himself,  so 
that  ordinary  process  can  not  be  served  upon  him,  or  is  removing  his  property  be- 
yond the  limits  of  the  state,  or  secreting  or  fraudulently  disposing  of  the  same  for 
the  purpose  of  avoiding  the  payment  of  his  just  debts. 

Imprisonment  for  debt  does  not  exist 


Deeds. 


Conveyances  must  be  made  by  deed  in  writing,  sealed  and  delivered  in  the 
presence  of  at  least  two  witnesses.  They  must  be  acknowledged  before  the  offi- 
cer authorized  by  law  to  record  the  same,  or  before  some  judicial  officer  of  this 
state.  The  officer  taking  tlie  acknowledgment  shall  know  or  have  satisfactory 
proof  that  the  person  making  such  acknowledgment  is  the  individual  described  in 
and  who  executed  the  deed. 

If  the  acknowledgment  is  made  out  of  the  state,  then  before  the  commissioner 
appointed  for  that  purpose. 

Dower  in  any  lands,  tenements,  or  hereditaments,  in  this  state,  may  be  extin- 
guished by  the  wife  making  herself  a  party  to  the  conveyance  for  the  purpose  of  re- 
linquisliing  the  same,  or  she  may  by  a  separate  relinquishment  under  her  hand  and 
seal,  executed  in  the  presence  of  two  witnesses,  renounce  her  right  of  dower,  and 
in  no  other  way  whatever;  provided,  such  relinquishment  or  renunciation  shall 
not  in  either  case  be  valid  against  or  binding  upon  the  wife  executing  the  same  or 
any  person  or  persons  claiming  through  or  under  her,  unless  it  be  accompanied  by 
an  acknowledgment  under  the  hand  and  seal  of  the  wife  taken  and  made,  separ- 
ately and  apart  from  her  husband,  before  some  judicial  officer  of  this  state,  when 
\t  phall  have  bf  3n  made  therein,  that  the  said  relinquidmient  and  renunciation  of 

22 


SPECIAL    LAWS    OF    FLORIDA.  263 

dower  Is  made  freely  and  volantBiily,  and  without  any  compulsion,  constraint, 
apprehension,  or  fear,  of  or  from  the  husband  of  the  party  making  the  said  relin- 
qatshmeut. 

Conveyances  to  be  admitted  to  record  must  be  acknowledged  by  the  party 
making  it,  or  proved  by  one  of  the  subeoribing  witnesses.  They  must  be  record- 
ed by  the  recording  officer  in  the  county  wliere  the  lands  lie. 


Rights  of  Married  Women. 

HEN  any  female, .  a  citizen  of  this  state,  shall  marry,  or  when  any  female 

all  niarrj'  fl  citizen  of  this  state,  the  female  being  seized  or  possessed  of  real  or 
personal  property,  her  title  to  the  same  shall  continue  separate,  independent,  and 
beyond  the  control  of  her  husband,  notwithstanding  her  coverture,  and  shall  not 
be  taken  in  execution  (or  his  delits. 

Married  women  may  hereafter  become  seized  or  possessed  of  real  and  personal 
projK.-rty  during  coverture,  by  be<iuest,  demise,  gift,  purchase,  or  distribution. 

The  husband  and  wife  shall  join  in  all  sales,  transfer.-?,  and  conveyances  of  the 
property  of  the  wife,  and  the  real  estate  of  the  wife  shall  only  he  conveyed  by 
the  joint  deed  of  the  husband  and  wife,  duly  attested,  authenticated,  and  admitted 
to  record. 

The  husband  shall  not  be  held  or  deemed  liable  to  pay  the  debts  of  hia  wife 
contracted  prior  to  any  marriage  hereafter  (184.'))  to  be  solemnized  in  this  i^ate  ; 
but  the  property  of  the  wife  shall  be  subject  to  such  debt. 

If  marriod  women  die  in  this  state  possessed  of  real  and  personal  property,  or 
of  eitl»er  species  cf  property,  the  husband  shall  take  the  same  interest  in  her  said 
property,  and  no  otlier,  which  a  child  would  take  and  inherit ;  and  if  the  wife 
slKiuId  die  witliout  children,  then  the  surviving  husband  shall  be  entitled  to  ad- 
ministration, and  to  all  her  property,  both  real  and  personal. 

All  tlie  property,  real  and  pcr?onal,  which  shall  belong  to  the  wife  at  the  time 
of  her  niarria;;e.  or  which  she  may  acquire  in  any  of  the  modes  hereinbefore  men- 
tioned, shall  be  inventoried  and  re<,'on!e(l  in  the  circuit  court,  or  clerk's  office  of  the 
county  ill  which  such  property  is  situate,  within  six  months  after  such  marriage, 
or  after  aai<i  profferty  shall  he  acquired  by  her  at  the  peril  of  becoming  liable  for 
ber  husband's  debts  ;  but  any  omission  to  make  such  inventory  and  record  shall 
confer  no  rights  upon  ber  husband. 

DowKR. — A  widow  ia  entitled  to  a  life  estate  in  one  third  of  her  hu.qband  a 
real  estate.  In  his  personal  estate,  if  there  be  no  child  or  only  one  child,  the 
widow  takes  one  half  of  it  absolutely.  If  more  than  one  child  she  takes  one 
third  absolutely,  except  in  slaves  in  which  she  takes  a  life  estate.  A  widow 
may  elect  to  take  dower  or  a  child's  part,  if  she  takes  dower  she  has  only  a  life 
estate  in  the  real  property  ;  if  she  talses  a  child's  part  she  has  a  fee-simple  title 
to  real  property  and  absolute  title  to  perHonal  property  including  slaves.. 


Rate  of  Interest. 

Tmk  rate  of  interest  is  eight  per  rent  by  agreement;  if  no  rate  be  specified, 
then  tix  per  cent     Usury  is  punLihable  by  indictment  and  loss  of  entire  interest. 


WiUs. 


Wilts  mast  be  in  writing,  signed  by  the  testator  or  by  some  other  person  fn 
his  i,n»"enrp,  and  by  hi«  express  direefions,  and  shnll  be  attested  and  snhscriboJ 
•n  tJie  presence  of  die  testator  by  iHKKt:  or  more  witnesses. 


264 


•idi 


266  SPECIAL    LAWS    OF    ALABAMA. 

ALABAMA. 

Constitution  adopted,  1819.— Square  Miles,  50,722. — Population  in  1850,  771,650. 

Household  and  Homestead  Exemption. 

Thk  following  property  may  be  permanently  retained  for 
the  use  of  every  family  in  the  state,  exempt  fiom  l»>vy  and 
sale  by  any  logn]  process  ;  1.  Householri  and  Ititchon  furni- 
ture of  the  value  of  one  hundrt^d  and  fifty  dollars,  to  be  se- 
lected by  the  head  of  the  family,  the  value  thereof  to  bo 
asses.sed  by  three  disinterested  persons,  to  be  selected  by  the 
sheriff.  2.  All  books  not  kept  for  sale,  all  family  portraits, 
one  gun,  one  loom,  two  spinning  v^heeis,  one  man's  and  ono 
woman's  saddle.  3.  Three  cows  and  calves,  twenty  head  of 
sheep,  twenty  hf^ad  of  hogs,  five  hundred  pounds  of  meat, 
one  thousand  pounds  of  fodder,  twenty-five  bushels  of  wheat, 
all  the  meal  at  any  time  on  hand  not  kept  for  sale,  one  work- 
horse or  mule,  or  one  pair  of  oxen,  one  horse  or  ox-cart,  all  tools  or  implements  of  any 
mechanical  trade  not  kept  for  sale,  not  to  exceed  two  hundred  dollars  in  value,  two 
ploughs  and  plough-gear,  and  two  hoes.  4.  Such  real  property  as  may  be  selected  by 
the  head  of  the  family,  to  include  the  homestead,  not  to  exceed  forty  acres,  and  in  value 
not  exceeding  five  hundred  dollars.  Also  one  hundred  bushels  corn  }  all  necessary  and 
proper  wearing-apparel  of  each  and  every  member  of  such  family,  not  exceeding  fifty 
dollars  for  each  member  ;  thirty  pounds  of  wool  or  wool-rolls  ;  one  hundred  pounds  of 
ginned  cotton,  or  four  hundred  pounds  of  seed  cotton  ;  all  cloth  on  hand  at  any  one 
time  not  made  or  kept  for  sale  ;  one  thousand  pounds  of  oats  in  the  sheaf;  twenty-fire 
bushels  of  potatoes  ;  and,  where  any  head  of  a  family  ha^  not  of  property  now  exempt 
by  law  from  execution  more  than  five  hundred  dollars  in  value,  the  salary  or  wages  of 
said  head  of  the  family,  to  the  amount  of  fifteen  dollars  per  month,  shall  not  be  subject 
to  any  legal  process. 


Mechanics'  Lien. 

Mrchan:cs  and  builders  have  a  prior  lien  upon  the  tract,  parcel,  or  lot  of  land,  on 
which  buildings  are  erected  by  them,  and  on  the  buildings  so  erected,  for  the  price 
agreed  on,  or  compensation  to  be  paid,  and  materials  used  in  the  construction  thereof, 
unless  surety  be  given  to  such  builders  for  the  performance  of  the  contract  or  an 
agreement  be  made  in  writing  waving  the  lien.  The  lien  is  created  upon  the  following 
conditions  :  1.  The  contract  for  the  erection  of  the  building  must  be  in  writing  and  do- 
scribe,  with  sufficient  certainty  to  identify  it,  the  tract,  lot,  or  parcel  of  land,  on  which 
the  building  is  to  be  erected  ;  it  must  state  the  price  or  compensation  to  bo  paid,  bo 
signed  by  the  parties,  or  their  agents,  and  be  registered  in  the  office  of  the  judge  of  pro- 
bate of  the  county  in  which  the  lands  lie,  within  sixty  days  after  the  date  thereof.  2. 
The  lien  is  subordinate  to  any  existing  mortgage,  deed  of  trust,  or  other  legal  incuin- 
brance,  which,  if  required  by  law  to  be  recorded,  is  registered  according  to  law,  3. 
The  owner  of  the  land  may  at  any  time  relieve  the  land  from  the  lien,  by  giving  the 
builder  good  and  sufficient  surety  for  the  payment  of  the  price,  or  compensation  agreed 
to.     4.  A  change  or  modification  of  the  contract  does  not  affect  the  lien. 

The  lien  hereby  created,  is  effectual  against  the  title  or  estate  of  the  party  contracting 
for  the  erection  of  buildings  on  the  lands,  at  the  time  the  contract  was  made ;  whether 
it  be  a  freehold  or  less  estate,  and  whether  it  be  legal  or  equitable. 

The  lien  may  be  enforced  in  equity;  or  if  the  builder  obtain  a  judgment  at  law,  ho 
may,  by  execution,  expose  to  sale  the  land  and  the  buildings  erected  thereon,  if  the 
title  is  such  as  can  be  sold  by  execution  at  law,  but  is  not  to  be  precluded  from  levying 
his  execution  upon  any  other  property  of  such  contracting  party. 

No  lien  under  the  provisions  of  this  act  can  be  enforced,  unless  proceedings  to  en- 
force the  same  in  equity,  or  an  action  at  law  upon  the  contract,  is  commenced  within 
ninety  days  after  the  completion  of  the  work  or  supply  of  materials. 


Limitations  of  Actions. 

Actions,  by  the  t^te  against  a  citizen,  or  on  a  judgment  or  decree,  must  bo  con> 
mcnced  within  twenty  years. 


SPECIAL    LAWS    OF    ALABAMA.  267 

On  cotitrncta  under  seal,  real  actions,  and  against  officers  for  official  misconduct,  with 
in  ten  years. 

A<tiun  on  detinue  :  tref>pHBs  to  property ;  written  promises  not  under  seal  ;  on  stated 
Bceouiit;  fiir  rent  due  on  parol  d«  inise  ;  ust;  and  occupation,  &c.  ;  ajjainst  sureties  of 
officers,  guardians,  exixutors  or. administrators  ;  against  attorneys  failing  to  pay  over 
money  on  justices' judgments,  and  other  contracts  not  specified,  within  six  years. 

On  equities  of  redemption,  by  any  one  not  a  party  to  the  mortgage,  &c.,  within  five 
years. 

Against  sureties  on  official  or  replevin  bonds  in  other  states,  within  four  years. 

On  open  accounta,  computing  from  last  item,  and  suits  for  dower  within  three  years. 

For  Bjisault  and  battery,  fa»*e  imprisonment,  malicious  prosecution,  crim.  con.,  seduc- 
tion, bnach  of  marriRgo  promise,  qui-tam  actions,  penalties,  slander,  ]ib.»l,  attachment 
of  steamboat,  or  for  injury  to  persons  or  rights  not  specified,  within  one  year. 

Chattel  Mortgages. 

CoNVKYANCKS  of  personal  property,  to  receive  debts  or  to  provide  indemnity,  must 
be  recorded  in  the  county  in  which  the  ernntor  le.^ides,  and  also  in  the  county  where 
the  property  is,  at  the  date  of  the  conveyance  ;  and  if  before  the  lien  is  satisfied  the 
property  is  removed  to  another  county,  the  conveyance  must  be  affiiin  recorded  within 
six  months  from  such  removal,  in  the  county  to  which  it  is  removed.  ' 

Whenever  any  personal  property  is  subject  to  any  lien,  incuml)rBnce,  mortfra<'e  or 
trust,  for  thp  security  of  debts,  at  the  time  of  its  removal  to  this  stat.-,  the  writing  evi- 
.len.ing  the  lien,  incumbrance,  raort:;agf ,  or  trust,  must  l)e  recorded  in  the  county  into 
which  it  is  brought,  and  remains,  within  four  months  of  the  arrival  of  such  property 

Whenever  any  person  having  an  estate  lor  life,  or  years,  in  p.r6onal  property  re- 
mo  vea  to  this  state  with  such  propeity,  the  conveyance  creating  such  estate  must  be  re- 
corded In  thp  county  to  which  it  is  brought,  within  twelve  months  thereafter-  and  if 
such  property  is  removed  to  another  county,  then  in  such  eoi*i)ty,  within  four  months 
alter  Its  removal  thereto);  or  such  property  munt  be  tait»n  to  vest  absolutely  in  such 
person,  as  to  purchasers  and  creditors,  without  notice. 

Things  in  action  arc  n«»t  considered  personal  property. 


two 


Law  regulating  Contracts. 

No  contract  for  the  sale  of  goods,  chattels,  or  things  in  action,  for  a  price  exceedina 
'o  hundred  dollars,  shall  b<-  allowed  to  be  good,  ui-less  the  buyer  accepts  and  receives 
part  of  such  goods  and  chatteU*.  or  the  evidences,  or  some  of  th.m,  of  such  things  in 
HCtion  ;  or  unleH^  the  buyer,  at  the  time,  pay  gome  part  of  the  purchase-money 

In  tfie  (ollowing  CBses.  everyTgreement  is  void,  unless  such  acreement.  or  some- note 
or  memorandum  thereof,  expresHing  the  consideration,  is  in  writing,  and  subscribed  by 
t  !*•  pafty  to  !«•  charge.!  therewith,  or  some  other  person  by  him  thereunto  lawfullv  au- 

thfiii^eil    in  wrifitiir        1      h'vam  u...-a..».„n>    ...i.:„u    i :»-    »  ._ !  ...  .    •'         . 


zed  in  writing.     1.  Every  agre.>ment  which  by  its  ti-rms  is  not  to  be  performed 


,.  -   ,        ...  r7       -.  - •- .igs  in  action,  lor  a 

prsce  cxcee<lintf  two  hund.ed  dollars,  unless  the  buyer  accepts  amf  receives  part  of 
su.rh  poo.l«  and  chalteU.  or  the  evidences,  or  some  of  them,  of  such  things  in  action 
or  nniew  the  buyer,  at  the  lime,  pay  bome  part  of  Uie  purchasc-money. 

Collection  of  Debts. 

Attachments  may  isfue  :  1.  To  enforce  the  collection  of  a  debt,  whether  it  be  ,luo 
or  not  at  the  time  the  attachment  is  taken  out.  2.  For  any  moneyed  den. and,  the 
•.mount  of  which  can  bt!  certi.inly  ascerfain.-d.  3.  To  recover  damag.  a  for  a  bre.icb  of 
rontr„ct,  when  the  damages  are  not  certain  or  liquidated.  4.  When  the  action  sounds 
in  ofuTiHgen  meri'ly. 

I'lH.n  an   hfKdnvit  that  the  debtor  absconds,  secretes  himself,  or  resides  out  of  tho 

'  "   '"    *   ' '■■'■'  '  >"  '»  "houl  to  remove  out  of  the  eUite,  so  that  process  can  not  be 

•f  about  to  r. move  bis  property  out  of  the  stute,  whereby  the  plain- 
!  '  '"■  '^e  compelled  to  sue  for  it  in  another  state,  or  that  the  debtor 

',       ,      ^  -     ..  i-uM-d   of,  or  is  about  fraudulently  disponing  of,  his  property     or 

that  U  l.u«  i,ioi*.y,  proijerty,  or  effects,  liable  to  satisfy  his  del.tn.  which  he  frnudulently 
wUi.holds     Mud  staUng  the  amount  due,  and  that  atlaclmunt  lit  not  sought  for  the  pur- 


2QQ  SPECIAL   LAWS    OF    ALABAMA. 

pose  of  vexing  or  hniRSsing  the  debtor,  and  upon  the  plnintifTs  executing  bond  to  the 
defendant  in  double  the  amount  sworn  to  be  due,  nn  attachment  may  issue  against  his 
property,  real  and  personBl.  Attachments,  ancillary  to  suits  pending,  may  be  sued  out 
on  the  same  grounds  as  original  attachments.  „  .  ,        .     •     ^-^  »•        e 

Judgments^are  usually  obtained  at  the  second  term  of  the  court  after  the  mstitiition  ot 
suit  and  cr.>ate  a  lien  on  real  estate,  throughout  the  state,  from  the  date  of  rendition. 

Executions  bind  personal  property,  in  any  county  within  the  state,  upon  their  delivery 
to  the  sheriff  thereof.  „     »ju    i 

One  year  is  the  shortest  time  in  which  money  can  be  collected  by  law.  „  ,     .^ 

Arkest— A  person  can  be  arrested  for  debt  only  when  the  plaintiff  makes  affidavit 
that  the  debtor  is  about  to  abscond,  or  has  or  is  about  fraudulently  to  convey  his  prop- 
erty or  has  money  or  effects  which  he  fraudulently  withholds,  or  that  the  debt  was  con- 
tracted bv  fraud.  But  the  debtor  may  discharge  himself  from  arrest  by  making  oath 
that  the  jriound  upon  which  he  is  arrested  is  untrue,  and  that  he  has  nothing  with  which 
to  pay  the  debt,  or  by  rendering  a  schedule  of  all  his  property  of  every  kind,  and  ma- 
king  oatb  that  he  has  not  property  to  the  amount  of  twenty  dollars,  except  that  rendered 
in  the  schedule,  and  such  property  as  is  exempt  by  law  from  execution,  and  that  he  has 
not  disposed  of  any  property  to  secure  the  same  to  his  own  use,  or  to  delraud  his  credi- 

The  plaintiff  may  controvert  the  truth  of  the  oath  of  the  debtor.  .    ,.  ^,    ^    . 
A  person  convicted  of  rendering  a  false  or  fraudulent  schedule,  la  liable  to  imprison- 
ment  for  one  year. 

Deeds. 

No  witness  is  necessary  where  the  maker  of  the  deed  signs  and  acknowledges  the 
eame  before  an  officer  authorized  to  take  acknowledgments,  and  a  scrawl  of  the  pen 
may  be  used  instead  of  a  seal.  Instruments  importing  on  their  face  to  be  sealed  shall 
be  deemed  sealed  instruments,  whether  the  scrawl  be  added  or  not.  Deeds  must  be 
acknowledged  or  proved  according  to  law  before  they  can  be  properly  recorded. 

Acknowledgments  and  proofs  of  conveyances  may  be  taken  by  the  fo  lowing  officers 
within  this  state  :  judges  of  the  supreme  and  circuit  courts,  and  their  clerks ;  chancel- 
lors •  judges  of  the  courts  of  probate  ;  justices  of  the  peace  ;  and  notaries  public. 

Acknowledgments  and  proofs  of  conveyances  may  be  taken  within  the  United  States, 
and  beyond  the  state  of  Alabama,  by  judges  and  clerks  of  any  federal  court,  Ju-^ps  o^ 
anv  court  of  record  in  any  state,  notaries  public,  or  commissioners  appointed  l.y  the 
governor  of  this  state  ;  beyond  the  limits  of  the  United  States,  such  acknowledgments 
and  proofs  may  be  taken  by  the  judge  of  any  court  of  record,  mayor,  or  chiet-magis- 
trate  of  any  city,  town,  borough,  or  countjj,  notaries  public,  or  by  any  diplomatic,  con- 
sular, or  commercial  agent  of  the  United  States      ,     •  ,      ^  .,    .         .,.„. 

The  wife  of  the  grantor  joining  with  him  m  the  deedfneed  not  necessarily  be  private 
Iv  examined  All  conveyances  should  be  immediately  recorded,  and  in  this  state  they 
iiuist  be  recorded  in  the  county  in  which  said  property  is  situated,  withm  six  months, 
or  they  will  be  void  against  a  subsequent  bonafide  purchaser  or  mortgagee  without  notice. 
When  a  married  woman  joins  her  husband  in  the  execution  of  a  deod  in  the  presence 
of  two  er  more  witnesses,  or  acknowledges  the  execution  of  the  deed  before  a  compe- 
tent officer,  the  same  operates  as  an  absolute  bar  to  her  right  ot  dower  in  the  land  con- 
veyed, and  in  such  case  no  private  examination  is  necessary. 

The  following  is  the  form  of  acknowledgment  to  be  used  in  this  state,  on  conveyances 
of  every  description  admitted  to  record  : — 
The  State  of  Alabama,      ? 

Mobile  County,   5  **•  ,  .      •       j 

I  [name  and  style  of  the  officer]  hereby  certify  that  John  Jones,  whose  name  is  signed 
to  the  foregoing  conveyance,  and  who  is  known  to  me,  acknowledged  before  me,  on 
this  day,  that  being  informed  of  the  contents  of  the  conveyance,  he  executed  the  same 
voluntarily,  on  the  day  the  same  bears  date.  ■,     .  ,  ^  .       j      i 

Given  under  my  hand,  this  Jirst  day  of  November,  A.  D.  one  thousand  eight  hundred 
^uA  fifty-five.  lS^al-1  Signed,  ^.  J3. 

The  form  of  a  probate  of  a  conveyance  is  as  follows  :— 
The  State  of  Alabama,      \ 

Mobile  ConnXy,   y"'  ^  „  t.      •,.• 

1  {name  and  style  of  the  officer]  hereby  certify  that  Peter  Smith,  a  subscribmg  wit- 
ness to  the  for(-going  conveyance,  known  to  me,  appeared  before  me  this  day,  and  be- 
ing sworn,  stated  that  John  Jones,  the  grantor  in  the  conveyance,  voluntarily  executed 
the  same  in  bis  presence,  and  in  the  presence  of  the  other  subscribing  witness,  on  the 
dav  the  same  bears  date  ;  that  he  attested  the  same  in  the  presence  of  the  grantor,  and 


SPECIAL    LAWS    OF    ALABAMA.  209 

of  the  other  witness,  and  that  euch  other  witness  subscribed  his  name  as  a  witness  in 
his  presence. 

Given  under  my  hand,  this  seventh  day  of  ■November.  A.  D.  one  thousand  eight  hundred 
attd  fifty-five,  Signed,  [Seal.]  A,  B. 


Rights  of  Married  Women. 

AtL  the  property  which  a  woman  has  at  the  time  of  her  marriapre,  and  all  that  she 
acquires  thereafter,  is  estf-emed  in  law  as  her  separnte  estate,  notwithstanding  her  cov- 
erture, and  the  husband  acquires  no  right  to  the  property  by  marriage.  The  property 
voft*  in  the  husband  as  trustee  of  the  wife,  the  husband  controlling  the  property,  with- 
out liahility  to  account  to  the  wife  for  the  proceeds.  The  property  can  not  be  taken  by 
legal  proo'ss  for  the  husband's  debts.  If  any  part  of  the  property  be  sold,  it  must  be 
conveyed  jointly,  and  attested  by  two  competent  witnesses.  The  husband  and  wife 
are  jointly  liable  and  suable  at  law  for  all  necessary  family  supplies. 

DowEa. —  1.  When  the  husband  dies,  leaving  no  lineal  descendants,  and  his  estate  not 
in8olv<>nt,  his  widow  is  entitled  to  be  endowed  of  one  half  his  lands.  2.  If  in  such  case 
his  estate  is  insolvent,  to  one  third  part  thereof  3.  When  there  are  lineal  descendants, 
then  to  one  third  part  thereof,  whether  the  estate  be  insolvent  or  not. 

The  widow  may  dissent  from  or  waive  provision  in  a  will,  and  claim  her  dower,  at 
any  tjme  within  on<'  year  after  the  probate  of  the  will.  The  widow  may  retain  tho 
dwi;Iling-housc,  plantation,  ice,  free  of  rent,  until  her  dower  is  assigned  her. 


Rate  of  Interest. 

The  \ogn\  rate  of  interest  is  eight  per  cent    In  usurious  contracts,  the  principal,  with* 
out  any  interest,  may  be  recoverei/. 


WiUs. 


Evert  person  twenty-one  years  of  age,  and  of  sound  mird,  may  dispose  of  lands  by 
will.  Wills  must  be  nigned  by  Ihe  testator,  or  by  some  one  in  his  presence  and  at  hia 
request  and  attested  by  two  or  more  witnesses  subscribing  their  names  thereto  in  liis 
presince.  Nuncupative  wills  may  be  established  when  the  testator  in  his  last  illness 
C'dls  on  persons  to  take  notice  that  such  is  his  will;  but  they  can  not  bequeath  more 
than  tive  hundred  duUurs  in  value. 


23^ 


27  U 


i,*J 


^^^§^^i^^^^w^^^^^^ 


271 


272  SPECIAL   LAWS    OF   MISSISSIPPI. 

MISSISSIPPI. 

Constilntion  adopted,  1832— Square  Miles,  47,151,— Population  in  1850,  600,000. 

Exemptions. 

r     '  '  ^       There  is  exempted  in  this  state  from  levy  and  sa?e 

on  execution,  the  agricultural  implements  of  a  farmer 
necessary  for  one  male  laborer;  the  tools  of  a  mechanic 
necessary  for  cairying  on  bis  trade :  tbe  books  of  a  stu- 
dent necessary  for  the  completion  of  hia  education  ;  the 
libraries  of  ministers  of  the  gospel,  together  with  such 
globes,  maps^and  books,  as  are  used  by  teachers  of  pub- 
lic schools,  academies,  or  colleges  ;  the  wearing  apparel 
of  each  and  every  person;  one  hundred  bushels  of  corn," 
twenty  bushels  of  wheat,  and  eight  hundred  pounds  of 
pork  or  bacon;  one  plough-horse,  provided  the  value 

thereof  do  not  exceed  one  hundred  dollars;  and  one  cow  and  calf  of  every  Iwase- 

keeper;  and  the  arms  and  accoutrements  of  each  person  of  the  enrolled  militia 

of  the  state. 

Goods  on  leasehold  premises  are  not  liable  to  execution  until  the  rent  in  ar- 

rear,  not  to  exceed  one  year,  is  tendered. 


Homestead  Exemption. 

EvKRT  free  white  citizen,  male  or  female,  being  the  head  of  a  family,  shall  be 
entitled  to  own,  hold,  and  possess,  free  and  exempt  from  sale  by  virtue  of  any 
judgment,  order,  or  decree,  of  any  court  of  law  or  equity  in  the  state,  founded  on 
any  contract  made  after  tbe  passage  of  this  act,  or  any  process  emanating  from 
the  same,  one  hundred  and  sixty  acres  of  land  ;  provided,  the  same  or  any  part 
thereof  shall  not  be  the  site  of  nny  city,  town,  or  village. 

When  any  head  of  a  family  shall  own  a  greater  quantity  of  land  than  one 
quarter-section,  the  one  hundred  and  sixty  acres  exempt  from  sale  shall  be  so 
reserved  as  to  include  the  dwelling-house  and  improvements  of  the  owner,  if 
there  be  any  thereon ;  and  in  case  such  bead  of  a  family  shall  be  the  owner  of 
more  than  oi>e  hundred  and  sixty  acres  of  land  in  several  tracts,  he  or  she  shall 
designate  in  writing  to  the  sheriflf;  or  other  officer,  in  whose  hands  the  process 
directing  a  sale  may  be,  which  tract  or  tracts  he  or  she  wishes  to  reserve  from 
Bale,  and  it  shall  not  be  lawful  for  such  sheriff  or  other  oflScer  to  sell  the  tract  so 
designated. 

Every  head  of  a  family  who  shall  reside  in  any  city,. town,  or  village,  in  the 
state,  shall  be  entitled  to  own,  hold,  and  possess,  free  from  sale  as  aforesaid, 
lands  within  such  city,  town,  or  village,  of  the  value  of  fifteen  hundred  dollars, 
exclusive  <vf  buildings  and  improvements  thereon,  which  value  shall  be  asce**- 
tained  by  tlie  cash  valuation  of  three  discreet,  disintererested  freeholders  of  the 
county,  under  oath,  to  be  summoned  for  that  purpose  by  the  sheriff  or  other 
officer. 

In  case  any  head  of  a  family  residing  in  any  city,  town,  or  village,  shall  own 
but  one  lot  or  parcel  of  larwl  tiierein,  and  the  whole  lot,  exclusive  of  the  build- 
ing.s.  shall  be  of  a  greater  value  than  fifteen  hundred  dollars,  to  be  ascertained  as 
aforesaid,  it  shall  be  the  duty  of  the  sheriff  or  other  officer  to  sell  the  portion 
thereof  above  tbe  value  of  fifteen  hundred  dollars,  if  the  same  can  be  conveniently 
divided,  or  so  much  of  said  portion  as  will  be  sufficient  to  satisfy  the  process  of 
sale  in  his  hands ;  and  in  case  the  same  can  not  be  divided,  the  owner  thereof  • 
may  pay  to  the  sheriff  or  other  officer  the  surplus  of  valuation  above  fifteen  hun- 
dred dollars  toward  the  satisfaction  of  the  judgment,  order,  or  decree,  and  tbe 


SPECIAL   LAWS   OF   MISSISSIPPL  273 

sale  of  the  same  ehall  not  be  n^^de  ;  and  in  thte  event  of  the  inability  of  tlie  owner 
to  make  payment  of  such  surplus,  the  sheriff  or  other  officer  shall  sell  his  or  her 
interest  in  said  lot,  above  the  sum  of  fifteen  hundred  dollars,  and  the  purchaser 
shall  become  tenant  in  common  w  ith  him  or  her  to  the  extent  of  such  surplus,  ac- 
cording to  the  valuation  made  as  hereinbefore  directed,  and  «hall  receive  from  the 
sheriff  a  deed  to  that  effect. 

When  any  head  of  a  family  shall  own  more  than  one  lot  or  parcel  of  land  in 
any  city,  town,  or  village,  which  together  shall  be  of  greater  value  than  tifteen 
hundred  dollars,  exclusive  of  improvements  he  or  she  shall  designate  to  the 
Bheriffor  other  oflBcer,  ns  is  provided  in  section  second,  which  lot  or  parcel  he 
or  she  desires  to  reserve,  and  it  shall  not  be  lawful  for  such  sheriff  or  other  ofiScer 
to  sell  Hic  lot  or  parcel  so  designated  ;  provi'led,  the  same  shall  not  exceed  in 
value,  exclusive  ot  improvements,  the  sum  of  hfteen  hundred  dollars. 


Mechanics'  Lien. 

,  In  all  cases  hereafter,  where  any  contract  shnll  be  made  between  any  propri- 
etor or  proprietors,  leasor  or  leasers,  of  any  tract  of  land  or  town  lots  on  the  one 
port,  and  any  other  person  or  persons  on  the  other  part,  for  the  erection  or  repair- 
ing of  any  house  or  other  building,  mill,  or  machinery,  bridges,  or  any  description 
of  mechanical  work  whatsoever,  or  their  appurtenances,  or  for  furnishing  labor 
or  mnlcrials  for  the  purpose  aforesaid,  and  every  other  person  who  may  have 
furnished  materials  which  may  have  been  used  in  the  construction  of  such  house, 
building,  mill,  machinery,  bridge,  or  other  mechanical  work,  whether  by  special 
agreement  or  otherwise,  the  person  or  persons  who  shall,  in  pursuance  of  such  con- 
tract, have  furnished  labor  or  materials  for  such  purpose  aforesaid,  or  who  shall 
have  furnished  such  materials  as  aforesaid,  shall,  respectively,  have_a  lien  to  se- 
cure payment  of  the  same,  upon  the  buildings  and  materials  aforesaid  ;  and  said 
building  and  materials  aforesaid  shall  not  be  subject  to  any  other  lien  whatever, 
until  the  aforesaid  lien  shall  have  been  cancelled  according  to  the  provisions  of 
this  act.  In  the  event  of  there  being  no  other  lien  in  existence,  or  such  lots  or 
parcels  of  ground,  or  upon  the  term  of  any  leasor  at  the  time  of  making  such  con- 
tract for  such  buildiiigs  aforesaid,  then,  and  in  that  case,  the  said  lot  or  parcel  of 
ground  or  the  term  of  said  leasor  to  be  subject  to  the  payment  of  said  contract  as 
in  the  case  of  the  house,  building,  mill,  or  machinery,  bridge,  or  other  mechanical 
work,  erected  or  constructed  thereon. 

Prockkdings  to  esfokck  the  Lif.i*. — When  any  person  or  persons  shnll 
wiah  to  avail  themselves  of  the  provisions  of  such  lien,  he,  ahe,  or  they,  shall 
commence  his,  her,  or  their  action,  in  any  onnrt  having  jurisdiction  of  the  same, 
or  shall  hav«  the  contract  upon  which  such  lien  is  founded  recorded  in  the  office 
of  the  clerk  of  the  probate  court  within  twelve  months  from  the  time  payment 
ahonld  have  been  made  by  virtue  of  such  contract  by  which  lien  shall  have  been 
claimed  :  and  if  such  suit  lie  commenced  in  the  circuit  court,  it  shall  be  by  bill 
or  petition,  describing  with  common  certainty,  the  property  upon  which  said 
lien  is  intended  to  operate,  and  also  the  nature  of  the  contract  or  indebtedness, 
which  bill  or  petition  shall  be  filed  in  the  circuit  court  clerk's  office  of  the  proper 
county,  and  d<»cketcd  on  the  common  law  appearance-docket,  the  court  trying 
such  causes  shall  be  governed  by  the  same  rules  of  evidence  that  are  now  ob- 
served in  suits  at  law,  and  give  judgment  according  to  the  justice  of  the  cflse. 
The  cl*»rk  of  the  court,  when  judtrment  hns  been  under  the  provisions  of  this  act, 
on  application,  shall  issue  a  special  execution,  directed  to  the  sheriff  of  the  profier 
county,  d»-Brribii»g  tl)e  projierty  upon  which  auch  lien  is  made  t<i  operate,  and 
out  of  which  said  judirment  and  all  costs  are  to  be  collected  ;  and  under  such  ex- 
ecution sHJd  sJipfiff  »hnll  proceed  to  sell  said  property,  or  so  much  thereof  as  will 
aatitfv  th*"  juclKmfnt  nnd  ccmtH  afitresaid,  according  to  law  in  that  case  made  and 
providi-d  ;  pmrtdrd,  that  in  all  cases  when  there  are  more  than  one  execution, 
tlie  procei-ds  of  such  sale,  if  not  suffirient  to  satisfy  all,  shnll  Iks  arranged,  and  nn 
•mount  proportionate  to  their  s«>veral  demands  paid  thereon.  When  any  sum  or 
Kunt  dae  tkoy  i>eraon  or  peraona  aforesaid  for  work  or  labor  dooe,  or  materials 


274  SPECIAL    LAWS    OF    MISSISSIPPL 

fumislied,  shall  be  of  sach  an  amount  ns  to  come  within  the  jurisdiction  ofa  jus- 
tice of  the  peace,  he  shall  have  jurisdiction  tlierenn  in  accordance  with  the  pro- 
visions of  this  act;  provided,  tlint  said  contract  shall  be  filed  in  his  office,  and  pro- 
cess directed  thereon  to  any  constable  of  the  proper  county,  and  have  the  sanae 
effect  as  process  issued  upon  a  judgment  rendered  in  the  circuit  court  under  ti.is 
act;  and  provided,  also,  t\-\B.l  e'lthev  oi  ihc  parties  shall  have  the  same  right  to 
appeal  that  is,  or  may  hereafter  be,  allowed  from  judgments  of  justices  ot  the 
peace  in  other  cases. 

Chattel  Mortgages. 

Mortgages  of  chattels  must  be  acknowledged  and  recorded  in  the  court  of 
the  county  where  tlie  property  is  situate,  within  three  months  after  the  execution 
thereof;  and  if  removed  to  another  county,  must  be  recorded  in  that  county 
wit^iin  twelve  months  after  such  removal. 


Law  regulating  Contracts. 

No  action  shall  be  brought  whereby  to  charge  any  executor  or  administrator, 
upon  any  special  promise,  to  answer  any  debt  or  damages  out  of  his  own  estate  ; 
or  whereby  to  charge  the  defendant,  upon  any  special  promise,  to  answer  for^the 
debt,  default,  or  miscarriage,  of  another  person ;  or  to  charge  any  person  upon 
any  agreement  made  upon  consideration  of  marriage;  or  upon  any  contract  for 
the  sale  of  lands,  tenements,  or  hereditaments,  or  the  making  any  lease  thereof 
for  a  longer  term  than  one  year ;  or  upon  any  agreement  which  is  not  to  be  per- 
formed within  the  space  of  one  year  from  the  making  thereof,  unless  the  promise 
or  agreement  upon  which  such  action  shall  be  brought,  or  some  memorandum 
or  note  thereof,  shall  be  in  writing,  and  signed  by  the  party  to  be  charged  there- 
with, or  some  other  person  by  him  or  her  thereunto  lawfully  authorized. 


Limitation  of  Actions. 

Possessory,  ancestral,  mixed,  or  other  actions,  for  any  lands,  tenements,  he- 
reditaments, or  lease  for  a  term  of  years,  must  be  commenced  within  ten  years 
from  the  time  the  right  or  title  thereto,  or  cause  of  such  action  accrued. 

All  actions  of  trespass  9?iCTre  clansum  fregit,  all  actions  of  trespass,  detinue,  and 
trover,  for  taking  any  goods  and  chattels,  actions  of  debts  founded  upon  nny  con- 
tract not  under  seal,  ov  for  arrearages  of  rent  due  on  parol  demise,  and  all  actions 
upon  the  case,  and  of  nccount  for  the  recovery  of  money,  except  actions  on  prom- 
issory note.s,  aiid  except  as  between  merchant  and  merchant,  their  factors,  agents, 
and  servants,  shall  be  commenced  within  three  years. 

Actions  on  promissory  notes,  and  bills  of  exchange,  shall  be  commenced  and 
prosecuted  within  six  years  after  the  right  of  action  shall  have  accrued. 

And  actions  between  merchant  and  merchant,  founded  on  account,  shall  be 
commenced  within  four  years  after  the  right  of  action  shall  have  accrued. 

All  actions  or  trespas^^'for  assault,  menace,  battery,  maiming,  and  imprisonment, 
or  any  of  them,  and  every  action  upon  the  case,  for  slanderous  words,  or  libellous 
publications,  shall  be  commenced  within  one  year  after  the  cause  of  action  shall 
have  accrued.  ,       ,■ 

All  actions  founded  upon  any  account  for  goods,  wares,  merchandise,  sold  and 
delivered,  for  work  and  labor  done,  and  for  money  had  and  received,  for  money 
lent  and  advanced,  laid  out  an.l  expended,  and  upon  an  account  stated,  shall  be 
commenced  and  prosecuted  within  three  years  next  after  the  cause  of  action  shall 
have  accrued. for  the  delivery  of  such  goods  and  merchandise,  and  not  after,  except, 
that  in  case  of  the  death  of  the  creditor  or  debtor  before  the  expiration  of  the  said 
term  of  three  years,  the  further  time  of  one  year  from  the  death  of  such  creditor  or 
debtor  shall  be  allowed  for  the  commencement  of  any  such  suit  or  action ;  and  in 


SPECIAL    LAWS    OF    MISSISSIPPI.  275 

the  cases  of  notions  on  Accounts  of  good p,  wares,  and  merchnndise.  sold  nnd  deliv- 
ered, or  lor  work  and  labor  done,  the  before-mentioned  limitation  shall  coumionce 
from  the  tin7e  or  date  of  dt•h^rery  of  the  last  item  of  such  account. 

No  record  of  ^ny  judgment  recovered  in  any  court  of  record  without  the  liinits 
of  this  state,  aeainst  any  person  who  was  at  the  time  of  the  commencement  of  the 
suit  on  which  said  judgment  is  founded,  or  at  the  time  of  the  rendition  of  said 
judgment,  a  citizen  of  this  state,  shall  be  received  in  any  court  of  this  state  ns  evi- 
dence to  chain  such  citizen  with  liability  after  the  expiration  of  three  years  from 
tlie  time  of  the  rendition  of  such  judgment  without  the  limits  of  this  state. 


Collection  of  Debts. 

Attachmknt. — If  any  creditor  shall  make  complaint,  on  oath  or  affirmation,  to 
any  judge  of  the  supreme  court,  or  justice  of  the  peace  of  any  county,  that  his 
debtor  has  removed  or  is  removing  out  of  the  state,  or  so  absconds  or  privily  con- 
ceals himself  that  process  can  not  be  sei-ved  on  him,  and  state  the  amount  of  his 
demand,  an  attachment  shall  be  granted. 

A  bond  must  be  given  by  the  plaintiff  to  secure  the  payment  of  costs  and  dam- 
ages thnt  the  defendant  may  recover  against  him. 

Imprisonment  for  debt  is  abolished. 


Deeds. 

It  is  necessary,  to  the  due  execution  of  a  deed,  that  a  seal  be  used,  and  that 
it  be  attested  by  two  subscribing  witnesses. 

A  deed  must  be  acknowledged  by  the  party  or  parties  who  shall  have  execn 
ted  it,  or  proved  by  one  or  more  of  the  subscribing  witnesses,  that  such  party  or 
parties  signed,  scaled,  and  delivered  the  same,  as  his,  her,  or  their  voluntary  act 
and  deed,  before  a  judge  of  the  supreme  court  or  chancellor  or  vice-chancellor 
of  this  state  ;  or  a  justice  of  the  county  court,  justice  of  the  peace,  notary  public, 
or  member  of  the  board  of  police,  of  that  county  in  which  the  lands  or  some 
part  thereof  are  situate,  and  a  certificate  of  such  acknowledgment  written  upon 
or  under  tlie  said  deed,  and  signed  by  the  officer  before  whom  it  was  made,  and 
recorded  with  the  clerk  of  the  county  court  where  the  land  is  situate,  within 
three  months  after  the  sealing  and  delivery  of  it. 

A  married  woman  must  acknowledge,  on  a  private  examination,  apart  from  her 
liusband,  that  she  sijjned,  sealed,  and  delivered  the  same  as  her  voluntary  act 
and  deed,  freely,  without  any  fear,  threats,  or  conipulsion,  of  her  husband  ;  and  a 
certificate  therei)?'  nin.st  b^  written  on  or  under  the  deed- 
In  other  parts  ol  the  Union  acknowledgment  must  be  made  before  and  certified 
by  the  chief  justice  of  the  United  States,  or  an  associate  justice  of  the  supreme 
court  of  the  United  States,  or  a  district  judge  of  the  same,  or  any  judge  or  ju.slice 
of  the  supreme  or  suijerior  court  of  any  stale  or  territory  in  the  Union. 

In  a  foreign  country,  they  may  may  be  acknowledged  before  any  court  of  low, 
mayor,  or  other  chief^magistrate,  of  any  city,  borougli.  or  corporation,  of  the  said 
foreign  countrj*,  certified  as  such  acts  are  usually,  and  authenticated  by  him  or 
them.  • 

Form  of  Acknotvhdgnient, 

State  of  Migpi»>sipj>j,   ) 

Cliiiborne  County.  \ 

Personally  appeared  before  me,  John  ,lvsrg,jud«re  of  (he  snprrme  coutf,  the 
aljove-named  John  D'jit,  ^lio  acknowledged  that  he  signed,  sealed,  and  deliv- 
ered the  foregoing  deed,  on  the  day  and  year  therein  mentioned,  as  hia  voluntary 
act  and  deed. 

Given  nnder  my  hand  and  seal,  thif  UTitk  day  of  December,  A.  D.  one  thoo- 
■and  eight  hundred  and  fijlyjire. 

(Sealj         JOHN  JONES,  Judge  of  the  Supreme  Court. 


276  SPECIAL    LAWS    OF    IVllSSISSIPPL 

Rights  of  Married  Women. 

,A  MARRIED  woman  may  become  seized  or  possessed  of  property,  real  or  per- 
w)iial,  by  direct  bequest,  gift,  or  purchase,  or  distribation,  in  her  own  name,  and 
ns  of  her  own  property,  provided  the  same  does  not  come  from  her  husband  after 
laarriage. 

The  slaves  owned  before  marriage,  and  their  natural  increase,  continue  her 
separate  property,  exempt  from  any  liability  for  the  debts  or  contracis  of  her  hue- 
band  ;  also  those  she  may  acquire  by  conveyance,  gift,  inheritance,  diBtribution, 
or  otherwise,  after  marriage,  and  their  natural  increase. 

The  property  of  a  married  woman  can  only  be  sold  by  the  joint  deed  of  the 
husband  and  wife,  executed  with  the  same  fi>rmalitie8  that  are  described  under 
the  head  of  deeds.  A  schedule  of  the  real  and  personal  property  must  be  recorded 
in  the  clerk's  office  of  the  probate  court  in  which  such  property  "is  situated,  within 
three  months  after  its  acquisition. 

DoWKB. —  The  widow  is  entitled  for  life  to  one  third  of  all  the  lands,  tene- 
ments, and  hereditaments,  of  which  her  husband  died  seized  and  p<)s.«e8sed,  or 
had  before  conveyed,  whereof  said  widow  had  not  relinquished  her  right  of 
dower,  as  piovided  for  by  law. 


Interest. 


The  rate  of  interest  is  eight  per  cent,  for  the  hcmnf.de  use  of  money  ;  six  per 
cent,  upon  other  contracts;  and  any  rate  not  exceeding  ten  per  cent,  by  agree- 
ment in  writing.  Simple  interest  only  can  be  recovered  where  a  greater  rate 
than  is  allowed  by  law  is  stipulated. 


Wills. 


Wills  should  be  in  writing,  subscribed  by  the  testator,  and  attested  by  three 
credible  witnesses.  If  the  will  is  wholly  written  by  the  testator,  and  subscribed 
by  him,  it  need  not  be  attested  by  any  witness. 


erEClAL    LAWS    OF    LOUISIANA.  277 


LOUISIANA. 

CcnetitTJtion  adopted,  1852.— Square  Miles,  4fi,431.— Population  in  1850  517,762. 


Exemptions. 


The  sheriff  can  not  seize  the  linen  and  clothes  belon^ng  to 
the  debtor  or  his  wife,  nor  his  bed,  nor  those  of  his  family, nor 
his  ann^.and  military  accoutrements,  nor  the  tools  and  instra- 
menis  necessary  for  the  exercise  of  the  trade  or  profession  by 
which  he  gains  a  living.  Nor  can  he  seize  the  agriculturiU 
Implements  and  workmg-cattle,  separately  from  the  land  to 
which  they  are  attached ;  nor  the  rights  of  personal  8ervitud»\ 
of  use  and  habitation;  of  usufruct  to  the  estate  of  a  minor  child 
the  income  of  dotal  property 


Mechanics'  Liea 

The  undertaker  [contractor]  has  a  privilege  \]\en]  for  the 
payment  of  his  labor,  on  the  building  or  other  work  which  he 


may  have  consimcfed.    Workmen  employed  immediately  by  the  owner  in  the  construction  or 

I  privilege.     Workme 
rials,  who  have  coiiiracted  with  the  undertaker,  have  no  action  against  the  owner  who  haj 


rep'hir  of  any  building,  have  the  same  privilege.     Workmen  and  persons  funiishing  mato- 


paid  him.  If  the  undertaker  be  not  paid,  they  may  cause  the  moneys  due  him  to  be  seized, 
and  they  are  of  riifhi  subrosfated  to  his  privilege. 

The  payments  which  the  proprietor  may  have  made  in  anticipation  to  the  undertaker,  aro 
considered,  with  regard  to  workmen  and  to  those  who  furnish  materials,  as  not  having  been 
made,  and  do  not  prevent  thera  from  ezercisiug  the  right  granted  them  by  the  preceding 
article. 

No  agreement  or  undertaking  for  work  exceeding  five  hundred  dollars,  which  has  not 
been  reduced  to  writing,  and  registered  with  the  recorder  of  mortgages,  shall  enjoy  the 
privilege  above  granted.  For  those  not  amounting  to  five  hundred  dollars,  this  formality  is 
dispensed  with;  but  the  privilege  granted  to  them  is  limited  to  six  months,  reckoning  from 
liie  day  when  the  work  iiTcompleted.  Workmen  employed  in  the  construction  or  repair  of 
ships  or  boats  enjoy  the  privilege  established  above,  without  lieing  bound  to  reduce  their 
contracts  to  wriimg,  whatever  may  be  their  amount;  but  this  privilege  ceases  if  they  have 
allowed  the  ship  or  boat  to  depart  without  exercising  thoir  right. 

Ar<  Ijitfcts,  contractors,  masons,  and  other  workmen;  those  who  have  supplied  the  owner 

-  for  the  construction  or  repair  of  his  buildings  or  other  works;  those  who 

I,  in  tliK  manner  provided  by  the  police  regulations,  to  make  or  put  in  repair 

Iges,  canals,  and  roads,  of  a  proprietor,  preserve  their  privileges  only  in  so 

1...  ...  ...       ..a.o  recorded  with  the  register  of  mortgages  the  act  containing  the  bargains 

Utey  have  made,  or  the  amount  or  acknowledgment  of  what  Is  due  to  them,  in  all  cases 
where  the  amount  of  the  account  or  acknowledgment  exceeds  the  sum  of  five  hundred 
doUars 


Limitation  of  Actions. 

*Immovkabl»:s  [real  estate]  are  prescribed  for  by  [limited  to]  tenyears  when  the  possessor 
has  oeen  in  good  faith,  and  held  by  a  just  title  during  that  time.  I'ne  same  species  of  prop- 
erty is  pr»*scribed  frir  by  thirty  years,  without  any  title  on  the  part  of  the  possessor,  or 
whether  he  be  in  good  faith  or  not.  The  property  of  slaves  is  acquired  in  five  years,  where 
tlie  possessor  haa  a  title,  and  holds  in  good  faith.  To  acquire  the  property  of  immoveables 
and  ulavea,  the  following  conditions  must  concur:  1.  Good  faith  on  tne  part  of  the  posse** 
r,..r  >  A  ''>••  which  shall  be  legal  and  sufiicient  to  transfer  the  property.  3.  Possession 
;••  required  by  law.  which  possession  must  be  accompanied  by  the  incidents 

red.    ♦.  And  finally*,  an  object^  which  may  be  acquired  by  prescription. 
!i»a  possessed  in  good  faith  ana  by  a  Just  title,  as  proprietor,  a  moveable  [per- 
»i>niil)  Hunt',  during  three  successive  years  without  interruption, be  shall  acquire  the  prop- 
•Ttv  of  it  l>y  prescription,  unless  the  Ihmg  were  stolen  or  lost. 

Tho  Bciions  of  masters  and  instructors  in  the  arts  and  sciences,  tor  lessons  which  they 
give  by  the  month;  inn-kuepers  and  such  others,  on  accoffht  of  lodging  and  l>oard ;  retai'»'s 
of  provisions  and  liquors;  workmen,  laborers,  and  servants,  for  the  payment  of  tfi'-ir 
wages ;  for  the  payment  of  the  freight  of  vessels,  the  wages  of  the  officers,  sailors.. and 
others  of  the  crew  ;  for  tho  supply  of  wood  and  other  things  necessary  for  the  construction, 
■xiuipmect,  and  provisioning  of  vessels— are  prescribed  by  one  year. 

•  SI  ivri  ill  I.oui.inna  Br*  r«al  nute,  ••r  ii*  tha  CnAt  ei|>r«i<nei  it,  "  iiumoveBblct  bjr  ilantlnation  of  law.'' 

24 


278 


IjCZTow.  TidsC  firont 


^  oJi:^ ,  euTJS  D-P?  e^^ 

A         S 


280  SPECIAL    LAWS    OP    LOUISIANA. 

The  actions  for  Injurious  words,  verbal  or  written ;  for  damag^es  cansed  by  Blaves  or 
animals  ;  that  which  a  possessor  may  institute,  to  have  himself  maintained  or  restored  to 
liis  possession,  when  he  has  been  disturbed  or  evicted ;  for  the  delivery  of  merchandise  or 
other  effects  shipped  on  board  of  vessels  ;  for  damag^e  sustained  by  merchandise  on  board 
of  ships,  or  which  may  have  happened  by  ships  running  foul  of  each  other— are  prescribed 
by  one  year. 

The  action  for  arrearages  of  rent-charge,  annuities,  and  alimony,  or  of  the  tire  of  move- 
ables  or  iininoveables  ;  for  the  payment  of  money  lent;  for  the  salaries  cf  overseei-s,  clerks, 
secretaney.  and  teachers  of  the  sciences,  for  lessons  by  the  year  or  quwter ;  of  physicians, 
surgeons,  and  apothecaries,  for  visits,  operations,  and  medicines— are  p»  escribed  by  Uiree 
years. 

Actions  on  bills  of  exchange,  notes  payable  to  order  or  bearer,  except  bank-notes:  those 
on  all  effects  negotiable  or  transferable  by  endorsem^t  or  delivery— are  prescribed  by  five 

All  actions  for  immoveable  property,  or  for  an  entire  estate,  as  a  succession,  are  pre- 
scribed by  thirty  years. 


Collection  of  Debts. 

Arrest.— Since  March  28, 1840,  no  person  can  be  arrested  afler  tudgment  has  been  ob- 
tained,  in  order  to  compel  payment  thereof.  But  the  debtor  may  be  arrested  before  judg- 
ment, upon  an  affidavit  that  he  is  about  to  leave  the  state  permanently,  without  leaving  in  it 
Bufficient  property  to  satisfy  the  judgment  which  the  creditor  expects  to  obtain. 

Women,  married  or  single,  can  not  be  arrested,  nor  can  non-residents. 

Attachment. — A  creditor  may  obtain  an  attachment  of  the  property  of  his  debtor  in  the 
following  cases :  1.  Where  such  debtor  is  about  leaving  permanently  the  state,  without 
there  being  a  possibility  of  obtaining  or  executing  judgment  against  him  previous  to  his 
deparmre,  or  where  such  debtor  has  already  lefl  the  state,  never  again  to  return.  2.  When 
euch  debtor  resides  out  of  the  state.  3.  When  he  conceals  himself,  to  avoid  being  cited.  It 
may  also  be  attached  in  the  hands  of  third  persons,  in  order  to  secure  the  payment  of  a  debt, 
whether  the  amount  be  liquidated  or  not,  provided  the  term  of  payment  have  arrived,  and 
tlie  creditor,  his  agent  or  attorney  in  fact,  who  prays  for  the  attachment,  state  expressly  and 
positivelv  the  amount  which  he  claims.  An  obligation  must  be  given  in  favor  of  the  de- 
fendant for  a  sum  exceeding  one  half  that  which  he  claimed,  with  the  surety  of  one  good 
and  solvent  person,  residing  within  the  jurisdiction  of  the  court  to  which  the  petition  is 
presented,  as  a  security  for  the  payment  of  suth  damages  as  such  defendant  may  recover 
against  him,  in  case  it  should  be  decided  that  the  attachment  was  wrongfully  obtained. 

If  a  creditor  know  or  suspect  that  a  third  person  has  in  his  possession  property  belonging 
to  his  debtor,  or  that  he  is  indebted  to  such  debtor,  he  may  make  such  a  person  a  party  to 
the  suit,  by  having  him  cited,  to  declare  on  oath  what  property  belonging  to  the  defendant 
he  has  in  nis  possession,  or  in  what  sum  he  i»  iudebted  to  such  defendant,  even  when  the 
term  of  payment  has  not  yet  arrived. 


Deeds. 

These  may  be  recorded  with  a  notary  public,  without  any  proof  or  authentication-    They 
are  termed  acts  of  sale,  and  are  of  two  kinds,  private  acts  and  authentic  acts.    Private  acu 


are  those  merely  under  the  hands  of  the  parties.  Authentic  acts  are  those  where  the  partioe 
appear  before  a  notary  public,  who  reduces  the  contract  to  writing,  and  signs  it,  as  well  as 
the  parties,  in  the  presence  of  two  free  male  witnesses,  who  must  oe  fourteen  years  of  age. 


Rights  of  Married  Womea 

The  debts  of  both  husband  and  wife,  contracted  before  marriage,  are  chargeable  only 
on  their  separate  and  individual  property. 

The  property  which  the  husband  or  the  wife  owns  before  marriage,  or  that  comes  to 
either  by  gift,  bequest,  or  inheritance,  after  marriage,  remains  the  distinct  and  individual 
property  of  the  party  to  whom  it  belongs.     As  to  all  other  property,  they  are  partners. 

The  wife,  even  when  she  is  separate  in  estate  from  her  husband,  can  not  alienate, 
grant,  mortgage,  or  acquire  immoveable  property  or  real  estate,  either  by  gratuitous  or 
encumbered  title,  unless  her  husband  concurs  in  the  act,  or  yields  his  consent  in  writing, 
or  in  default  of  his  consent,  by  authorization  of  the  court. 

The  wife  can  at  any  time  sue  for  a  separation  of  property,  if  there  be  danger— from 
the  mismanagement  of  her  husband,  or  the  disorder  of  his  affairs — of  th>»  Ions  of  her 
dower,  of  what  she  brought  in  marriage,  and  of  what  fell  to  lier  during  marriage.  In 
case  the  septffation  is  granted,  she  has  the  administration  of  all  her  estate,  but  can  only 
dispose  of  and  alienate  her  revenues  and  moveable  property,  without  her  husband's 
con.?ent. 

ITio  wife  can  not  bind  herself  for  or  with  ber  husband  for  debts  contracted  by  him 
befai'e  or  during  the  marriage. 


SPECIAL   LAWS   OF   LOUISIANA.  281 

Thf  wife  may  make  her  last  will  without  the  authority  of  her  husband. 

The  surviving  wife  has  the  usufruct  of  the  portion  coming  to  her  children,  until  she 
marri'^a  again. 

Wh'»never  the  widow  or  minor  children  of  a  deceased  person  shall  be  left  in  necessi- 
tous circumstances,  and  not  possessed  in  their  own  right  of  property  to  the  amount  of 
one  tliouriand  di)ll«rs,  the  widow  or  the  legal  representative  of  the  children  shall  be  en- 
titled to  demand  and  n-ceire  from  the  succession  of  their  deceased  father  or  husband  a 
ium  which,  jidded  to  thr  amount  of  property  owned  by  them,  or  either  of  them,  in  their 
own  right,  will  make  up  the  gum  of  one  thousand  dollars  ;  and  which  said  amount  shall 
be  paid  in  preference  to  all  other  debts,  except  those  for  the  vendor's  privilece.  f>ud 
expenaes  incurred  in  selling  the  property.  The  surviving  widow  shall  have  anu  i-tiioy 
the  usufruct  of  the  money  so  received  from  her  deceased  husband's  succession,  di;rmg 
her  widowhood  ;  afterward  to  rest  in  and  belong  to  the  children  or  other  descendants 
ot  said  deceased. 


Rate  of  Interest 

Thk  legal  rate  Is  five  per  cent. ;  but  parties  may  agree  on  any  sum  as  high  as  eight 
per  cent  Bank  interest  \e  six  per  cent  The  penally  for  usurious  contracts  is  a  for 
feiture  of  the  entire  interest 


Wills. 

Wills  are  nuncupative  or  open,  mystic  or  sealed,  and  olographic.  They  must  all  bo 
In  writing,  either  by  the  testator  htmself,  or  by  some  other  person  under  bis  direction. 

Nuncupative  wills  may  be  made  by  public  acts  or  by  act  under  pri^e  signature.  If 
by  public  acts,  it  must  Iw  received  by  a  notary-public,  in  the  presence  of  three  wit- 
nesses residing  in  the  place  where  the  will  is  executed,  or  of  five  witnesses  not  residing 
in  the  place.  It  must  be  dictated  by  the  testator,  and  written  by  the  notary  as  it  is  dic- 
tated. It  must  be  rend  to  the  testator  in  presence  of  the  witnesses,  and  signed  by  the 
testntor.  All  those  formalities  nust  be  fiilfilled  at  one  time,  without  interruption.  It 
must  be  signed  by  the  witnesses,  or  at  least  by  one  of  them  for  all,  if  the  others  can  not 
writ«. 

If  under  private  signature,  it  must  be  written  by  the  testator  or  by  any  other  person 
from  his  dictation,  in  presence  of  five  witnesses  residing  in  the  place  where  the  will  is 
r»'ceived,  or  of  seven  witnesses  residing  out  of  the  place  ;  or  the  testator  may  present 
thi-  paper  on  which  he  has  written  his  testament  or  caused  it  to  be  written  out  of  th»ir 
presence,  declaring  to  them  that  that  paper  contains  his  last  will.  In  either  case,  the 
wU!  must  be  read  by  the  testator  to  the  witnesses,  or  by  one  of  the  witnesses  to  the 
r»-8t,  ill  presence  of  the  testator.  It  must  be  signed  by  the  testator  if  he  is  able,  and  by 
the  witnesses,  or  at  least  by  two  of  them,  in  case  the  others  know  not  how  to  sign,  and 
those  of  the  witnesses  who  do  not  know  how  to  sign,  must  affix  their  marks. 

Th»*  mystic  or  secret  testam»'nt  is  made  in  the  following  manner  :  The  testator  must 
sien  the  will,  whether  he  has  written  it  himselt  or  has  caused  it  to  be  writUin  by  another. 
The  will,  or  thf  paper  serving  as  its  envelope,  must  be  closed  and  sealed.  The  testa- 
tor shall  present  it  thus  closed  and  st-aled  to  the  notary  and  seven  witnesses,  or  he  shall 
cauBo  it  to  be  closed  and  sealed  in  lhi>ir  presence.  Then  he  shall  declare  to  the  notary, 
In  firrffncf  of  the  witnesses,  that  that  paper  contains  his  testament  written  by  himself, 
'^  "^  iHrection.  and  signed  by  him  the  testator.     The  notary  shall  then 

<  iperscripiii'n,  which  shall  be  written  on  the  will  or  on  the  i»he<t 

t  ''"£!;'  ""'^  ^^"^  "*^*  *'^''"  ''*'  signed  by  the  testator,  by  the  notary, 

nun  uv  :.,.  «  iM,.  K-i-«  Tho«!  who  know  not  how  or  are  not  able  to  write,  and  those 
whn  know  nut  h<.w  or  are  not  able  to  sign  their  names,  can  not  make  dispositions  in 
the  form  of  th<-  mystic  will.     In  all  cases  the  act  of  superscription  must  be  signed  by  at 

li'H~i  two  witnP.HBCS. 

The  olograjihie  will  Is  that  which  is  entirely  written,  dated,  and  signed,  by  the  hand 
of  ihe  t«-si«tiir.     It  is  subject  to  no  other  form,  and  may  be  made  anywhere,  even  out 
'    ■  ti' 

•nn*  are  absohtt<lv  incapable  of  being  witnesses  to  wills  :  Women 
iii'do  children  who  have  not  attained  the  ni;e  of  sixteen  years  corn- 
el. .1    "iiiinl..  or  blind  ;  pertons  whom  the  criminal  laws  declare 
•  ons;   ari'l  hlaves.     Neither  ran  wills  be  witnessed  by 
I   named  legatees,  under  whatsoever  tillo  it  may  be. 
.«  arlide, 

21* 


of 


2  6  Xon.Wcsrfrom     2',4:Was7ii?wwn       ^'* 

I   '    III         I   MM— — omT    <»ria—— nil        1  I  II    I  ■W 


2«:^ 


^/Cm^ll^ 


28-1 


SPECIAL     LAWS    OF    TEXAS. 


TEXAS. 

Constitution  adopted,  1845.— Square  Miles,  250,000.— ropulation  in  1850,  187,103 


Exemptions. 


There  is  exempt  from  levy  and  sale  on  execution,  house 
hold  and  kitchen  furniture,  not  ejrt;eeding  two  hundred  doilari 
in  value;  implements  of  husbandry  not  exceeding  fifty  <i'>) 
lars  in  value ;  the  tools,  apparatus,  and  l)ook8.  appenainin;,'  to 
the  trade  or  prxjfession  of  uCny  citizen;  five  milch  cows;  on« 
yoke  of  oxen,  or  one  horse ;  twenty  hogs ;  and  proviaiont.  for 
one  year. 


Homestead-Exemption  Law. 

The  homestead  of  a  family  not  loexceed  two  hundred  acres 
of  land  (not  included  in  a  town  or  city  1  or  any  town  or  citv 
lot  or  lot.'?,  in  value  not  to  exceed  two  thousand  dollars,  shall 
not  be  subject  to  forced  sale  for  any  debts  hereafter  contracted  ;  nor  shall  the  owner,  if  a 
married  man,  be  at  liberty  to  alienate  the  same,  unless  by  the  consent  of  his  wife,  in  sucb 
manner  as  ihe  legislature  may  hereafter  point  out. 


Mechanics'  Lien. 

Mechanics  contracting:  in  writing  to  erect  buildings,  shall  have  a  lien  in  the  nature  of  a 
mortgage  on  all  buildings  they  may  erect  or  work  upon,  and  also  on  the  parcel  or  lot  of 
land  on  which  they  are  erected,  until  the  price  for  services  and  materials  found  shall  be 
fully  paid.  The  contract  shall  be  recorded  in  the  office  of  the  clerk  of  the  county  where 
euch  building  shall  be  erected,  within  the  space  of  thirty  days  after  the  contract  is  made. 

Every  person  doing  any  work  or  furnishing  any  kind  of  materials  toward  the  erection  or 
finishing  of  any  building  erected  under  a  contract  m  writing,  between  the  owner  and  builder 
or  other  person  whose  demand  therefor  has  not  been  paid,  may  deliver  to  the  owner  of 
Buch  building  an  attested  account  of  the  amount  and  value  of  the  work  and  labor  or  mate. 
rials,  and  thereupon  such  owner  shall  retain  out  of  his  subsequent  payment  the  amount  of 
such  work  and  labor  or  materials,  for  the  benefit  of  the  person  so  performing  or  furnishing 
the  same.    This  does  not  apply  to  incorporated  cities. 


Chattel  Mortgages. 


i 


If  any  conveyance  of  goods  and  chattels  or  slaves  be  not  on  consideration  deemed  valu- 
able in  law,  it  shall  be  taken  to  be  fraudulent,  unless  the  same  be  by  will  duly  proved  and 
recorded,  or  by  an  instrument  in  writing  acknowledged  or  proved  by  two  or  more  wit- 
nesses and  recorded  the  same  as  deeds  of  real  estate,  or  unless  possession  shall  really  and 
bona  fide  remain  with  the  donee.  Mortgages  on  personal  property  must  be  recorded  m  the 
county  where  the  mortgager  Uvea. 


Law  regulating  Contracts. 

No  action  shall  be  brought  whereby  to  charge  any  executor  or  administrator,  upon  any 
special  promise,  to  answer  any  debt  or  damages  out  of  his  own  estate;  or  whereby  to 
charge  the  defendant,  upon  any  special  promise-,  to  answer  for  the  debt,  default,  or  miscar- 
riage, of  another  person ;  or  to  charge  any  person,  upon  any  agreement  made  upon  consid- 
eration of  marriage;  or  upon  any  contract  for  the  sale  of  lands,  slaves,  tenements,  or  here- 
ditaments; or  making  any  lease  thereof,  for  a  longer  term  than  one  year;  or  upon  any  agree- 
ment  that  is  not  to  be  perYormed  within  one  year  from  the  making  thereof;  unless  the  prom- 
ise or  agreement  upon  which  such  action  shall  be  brought,  or  some  memorandum  thereof, 
•hall  be  in  writing,  and  signed  by  the  party  to  be  charged  therewith,  or  some  person  there, 
unto  by  him  lawfully  authorised. 


Limitation  of  Actions.  * 

Actions  of  trespass  for  injury  to  property,  of  trover  and  conversion,  for  taking  away  the 
goods  and  chattels  of  another,  actions  upon  open  account  (except  those  that  concern  the 
trade  of  merchandise  between  merchants,  their  factors,  and  agents),  must  be  brought  within 
two  years. 

Actions  of  debt  upon  contract  In  writing  within  four  years. 


SPECIAL    LAWS    OF    TEXAS.  285 

Actions  upon  an  account  for  goode,  wan's.  and  merchandise  sold  or  delivered,  or  artt* 
c\e»  charged  in  a  store  account,  within  two  years. 

Actions  for  assault  and  battery,  slandei,  and  lihel,  within  one  year. 

Real  actions  in  three,  five,  or  ten  years,  accordinjj  to  the  prade  of  title. 

Minors,  married  women,  persons  insane  or  imprisoned,  nave  the  same  periods  respee 
lively  after  the  removal  of  their  di&abilitv. 

An  arknowledj^ment  to  take  a  claim  out  of  the  statute  of  limitation  must  be  In  writinjj 
and  si^ed  by  the  party  to  be  charged  thereby. 


Collection  of  Debts. 

Arrest. — The  constitution  provides  tliat  no  person  shall  ever  be  Imprisoned  for  debt. 

Attachme.nt  —When  a  summons  '.o  answer  to  any  civil  suit  shall  be  returned  by  thti 
sheriff  that  the  defendant  is  not  to  l)e  found  in  his  countv,  the  plaintiff  may  sue  out  a  writ 
of  attachment  to  bo  levied  on  the  property  of  such  defendant. 

The  judjres  and  clerks  of  the  district  courts,  and  justices  of  the  peace  may  issue  original 
attachments,  returnable  to  their  respective  courts  upon  the  party  applying  for  the  same,  his 
agent  or  attorney,  making  an  atiidavit  in  writing  stating  that  the  defendant  is  justly  Indebted 
to  plaintiff  and  the  amount  of  the  demand,  also  that  the  defendant  is  not  a  resident  of  this 
state  or  that  he  is  about  to  remove  out  of  this  state,  or  that  he  secretes  himself  so  that  the 
ordinary  process  of  law  can  not  be  served  on  him,  or  that  he  is  about  to  remove  his  prop- 
erty beyond  this  state,  and  that  thereby  the  plaintiff  will  probably  lose  the  debt,  and  that 
the  attachment  is  not  sued  out  for  the  "purpose  of  injuring  the  defendant.  A  bond  must  at 
the  same  time  be  given,  with  two  or  more  good  and  sufficient  sureties,  payable  to  the  de- 
fendant in  double  the  amount  sworn  to  be  due,  conditioned  that  the  plaintiff  will  prosecute 
his  suit  to  effect  and  pay  such  damages  as  shall  be  adjudged  against  him  for  wrongfully 
•uing  out  such  attachment. 

Sequestration.— Writs  of  sequestration  may  issue,  1.  When  a  married  woman  sues  for 
a  divorce  and  makes  oath  that  she  fears  her  husband  will  waste  her  separate  property,  oi 
their  common  property,  or  the  fruits  or  revenue  produced  by  either,  or  remove  the  same 
out  of  the  limits  of  this  state  during  the  pendency  of  the  suit ;  Z  When  a  person  sues  for 
the  title  or  possession  of  a  slave,  or  other  moveable  property  or  chattels  of  any  description, 
and  makes  naih  that  he  (#ars  the  defendant  of  person  in  possession  thereof,  will  injure  or 
ill  treat  such  slave,  or  waste  such  moveable  pronprty  or  chattels,  or  remove  the  same  out 
of  the  limits  of  this  stale  during  the  pendency  of  the  suit;  S.  When  a  person  sues  for  the 
foreclosure  of  a  mortgage,  or  the  enforcement  of  a  lien  upon  a  slave,  or  moveable  property 
of  any  description,  and  makes  oath  that  he  fears  that  the  defendant  or  person  in  possession 
thereof,  will  injure  or  ill  treat  such  slave,  or  waste  such  moveable  property,  or  remove  such 
slave  or  moveable  property  otit  of  the  county,  4.  When  any  person  sues  for  the  title  or 
possession  of  real  property,  and  makes  oath  that  he  fears  the  defendant  or  person  in  pos- 
session thereof,  may  make  use  of  his  posseision  to  injure  such  property,  or  waste  the  fruits 
and  revenue  produced  by  the  same,  or  convert  them  to  his  own  use ;  h.  When  any  person 
sues  for  the  title  or  possession  of  any  property  from  which  he  haa  been  ejected  by  force  or 
Tlolence,  and  shall  make  oath  to  such  facu. 

Deeds. 

THr.sr  must  be  sealed,  but  a  scroll  by  way  of  seal  will  answer,  if  the  person  making  the 
same  shall,  in  the  body  of  the  instniment,  recognise  such  scroll  as  having  been  affixed  by 
way  of  seal.  They  should  be  recorded  in  the  office  of  tlie  clerk  of  the  county  court  of  the 
county  where  the  lands  or  some  part  thereof  Me. 

To  entitle  them  to  l»«  recorded  they  must  be  proved  by  a  subscribing  witness,  or  acknowl- 
edged by  the  grantor,  if  within  the  state  before  some  notary  public  or  clerk  of  any  county 
court  in  the  state,  if  out  of  the  state  and  within  the  United  S'tales  or  their  territories,  biifore 
•oin'-  jiiljf  of  II  fdiiit  of  record  havinjr  a  seal,  and  he  must  atiix  the  8<!al  of  his  court  to  the 
auih'  •  i^<-  of  acknowledtrment  by  the  cfcr/c  of  the  court  is  not  sufficient) ; 

if  on  -.  before  Buinn  public  initiiflter,  charg6  d'affaires,  or  consul  of  the 

Unit'  I  t)y  ihe  official  seal  of  his  office. 

If  «  : .-.ivey  her  separate  estate,  she  must  acknowledge  the  same  before 

ajiidtfe  of  the  difcinci  court,  or  chief-juslice  of  the  county  court,  or  a  notary  public,  or  clerk 
of  the  county  court;  or  if  she  merely  release  her  interest  in  the  estate  of  her  husband,  then 


before  any  judge  of  the  supreme  or  district  court,  or  notary  public.  If  her  conveyance  is 
•cknowWped  out  of  the  stale  it  mud  be  before  tlie  same  authority  authorized  to  take  ac- 
knowledgmetiU  of  persons  not  married.  The  certificate  of  acknowledgement  In  eitlior 
case  must  slate  that  she  had  been  examined  by  the  fifficer  privately  and  apart  from  her  hus- 
band, and  that  the  conveyance  was  fully  explained  to  her.  and  that  she  arkiiowled^'ed  the 
same  to  l>e  her  art  and  deed,  and  declared  inat  she  had  willingly  signed,  sealed,  and  deliv* 
ered  the  aiimfl,  and  she  wished  not  to  retract  it. 

In  other  cane*  ihe  certificate  mimt  slate  that  the  grantor  appeared  before  the  officer  and  ac- 
knowledged that  he  executed  tlie  instrument  for  the  consideration  and  purpos«a  therein  stnted. 

M<irtcage«  of  real  eitnte  are  not  a  lien  unless  recorde<l  In  the  county  where  the  laud  lies, 
within  ninety  days  from  the  date  of  tlie  execution  of  sucJi  mortgaj^e. 


2^t.  SPECIAL    LAWS    OF    TEXAS. 

Rights  of  Manied  Women. 

Ali,  property,  real  and  personal,  owned  or  claimed  by  married  women  or  whirh  ir.nv  h« 
DowER.-The  widow  is  entitled  to  the  use  of  one  third  of  the  real  estate  for  her  life 

Rate  of  Interest. 

The  les-al  rate  of  interest  where  no  rate  is  specified,  is  eight  per  cent    Parties  mnv  n^rmft 
Snvl^  '■^'*'  ^'  '"^^'*  "  '^"'^«  P'^'-  '='^°'-    ^^  ''^'•«  °'0'-«  i«  resWved  no  interest  can  be  .^ 


Wills. 

propor'^y.'"^"'  '^''"  deprive  hia  descendanU  by  will  of  more  than  oue  fourth  of  his  or  het 

..^n'^h ',\'""?-  ''^,-"  '"'"''"-'■''  ^^Sned  hy  the  testator  or  by  some  other  person  m  his  presence 
mn.fl^rM'"'''='f""'  ''"^  moreover,  if  not  wholly  written  bv  himself,  be  attested  bvt^o^r 
^resonco  ^^"neeses  above  the  age  of  fourteen  years, -suhscribing  their  Znesi^hU 


81'BCIAL     LAWS     OP     ARKANSAS. 


2S7 


ARKANSAS. 

Conetitutinu  adopted  183(3.— Square  Miles,  52,198.— Population  In  lc50,  198,796 


Exemptions. 

There  is  exempt  from  levy  and  eale  on  execution, 
if  belonging  to  any  one  not  the  head  of  a  family,  his 
wearing-apparel,  except  watches,  and  eIbo  the  neces- 
sary tools  and  implements  of  trade  of  a  mechanic 
while  carrying  on  his  trade. 

If  belonging  to  a  married  man  with  a  family,  one 
horse,  mule,  or  yoke  of  oxen ;  one  cow  and  calf;  one 
plough,  one  axe,  one  hoe,  and  one  set  of  plough  gears, 
if  the  person  be  a  farmer:  gpinniiig-w heels  and  cards, 
one  loom  and  apparatus  necessary  for  manufacturing 
cloih  in  a  private  family ;  all  spun  yarn,  thread,  and 
cloth,  manufactured  for  family  use ;  any  quantity  of 
hemp,  flax,  cotton,  and  wool,  not  exceeding  twenty-five  pounds  ;  all  wearing- 
apparel  of  the  family  ;  two  beds,  with  the  usual  bedding  ;  and  such  other  house- 
h'jld  and  kitchen  furniture  as  may  be  necessary  for  the  family,  agreeably  to  an 
inventory  thereof,  to  be  returned  on  oath  with  the  execution  bv  the  officer ;  the 
ncci  ssary  tools  and  implements  of  trade  of  any  mechanic,  while  carrying  on  his 
tra'.e  ;  all  arms  and  military  etinipments  retjuired  by  law  to  be  kept,  and  all  such 
provisions  as  may  be  on  hand  for  family  use.  Also  all  books,  maps,  globes,  man 
uscripls.  family  pictures,  and  scientiHc  apparatus  belonging  to  citizens  of  this  slate. 


Homestead  Exemption. 

Evert  free  white  citizen,  male  or  female,  being  a  householder,  or  the  head 
of  a  family,  shall  be  eniiiled  to  a  homestead,  exempt  fnmi  sale  or  execution  (ex- 
cept as  hereinafter  mentioned),  not  exceeding  one  hundre<l  and  sixty  acres  of 
land,  or  one  town  or  city  lot,  being  the  residence  of  such  householder  or  head  of 
a  family,  with  the  appurtenances  and  improvements  thereunto  belonging. 

The  preceding  section  shall  be  deemed  and  construed  to  except  such  home- 
stead, in  the  manner  aforesaid,  during  the  time  it  shall  be  occupied  by  the  wid- 
ow, or  chilli,  or  children,  of  any  deceased  person  who  was,  when  living,  entitled 
to  the  i>ene(its  of  this  act 

Nothing  herein  contamed  shall  be  so  construed  as  to  exempt  said  homestead 
from  sale  for  taxes,  or  the  owners  thereof  from  any  liabilities  or  debts  con- 
tracted prior  to  the  pamage  of  this  act;  provided,  that  nothing  contained  in  this 
act  shall  be  so  conf<tra«>d  an  to  exempt  from  execution  and  sale  any  town  lot  with 
any  impmvemontM  thereon,  except  such  as  constitute  the  actual  family  residence. 
Mild  such  buildings  as  are  nefcessary  appendages  thereto. 


Mechanics'  Lien. 

MrrHA^ics  have  a  lien  for  all  enms  over  one  hundred  dollars,  for  labor  and 

af.-rftils.  if  they  file  with  the  clerk  of  the  circuit  court  of  the  county  where  the 

building  is,  a  true  account  of  their  demand  and  the  amount  due,  verified  by  oath 

4>f  tlMJ  person  entitled  Ut  the  lien,  which  lien  sxtends  to  the  land  appurtenant  to 

"  e  building,  not  exceeding  two  acres. 

The  lien  coutinoes  in  force  only  one  year  after  the  building  is  finished,  unless 
rait  bo  broaght  to  ouforce  it. 


288 


fl  A  111 


A 


290  SPECIAL   LAWS   OF   ARKANSAS. 

Mortgages— Real  and  Personal. 

hr^.r';^™^''^^^'  ^^^V^^":  ^°!"  y^^\  or  personal  estate,  shall  be  acknowledged 
and  sl,Th.  P""'"!!  r'^^T'^^,'^  V  ^.^^  '°  ^^^^  ^''«  acknowledgment  of  deeds, 
lie  and  i  for  npT  f '  ''  ^^'^  ^^"<^«'.'«  ^^e  county  or  counties  in  which  the  lancS 
Jie  and  ,f  for  personal  property,  m  the  county  in  which  the  mor^^ager  resides. 
n.^t3  ™°r'^«g«;  wl'ether  for  real  or  personal  property,  «hali'bf  a  lien  on  the 
nugaged  property  from  the  tune  the  same  is  filed  in  the  recorder'*  office  fur 

o?  such  mortgage         '  ""^'"^  ^''"^  '^^'"  ^'  "°''^^  '°  ^"  P''''^'  ''^  '^«  «^^«^«"«" 

Law  regulating  Contracts. 

No  action  shall  be  brought : — 

1.  To  charge  any  executor  or  administrator,  upon  any  special  promise,  to  an 
Bwer  for  any  debt  or  damage  out  of  his  own  estate  ; 

dJ^nhnl^J^^  ^^^  P*"'/""'  ?P°"  ^"^  ^^^'^''^^  promise,  to  answer  for  the  debt, 
detanit,  or  miscarriage,  of  another;  ' 

a.  To  charge  any  person  upon  an  agreement  made  in  consideration  of  mar- 
riage; 

hJ'  ^^  ''*"'"[^®  ^"^  P^.''''°"  "P°"  ""y  contract  for  the  sale  ol  lands,  tenements,  or 
hereditaments,  or  any  interest  in  or  concerning  them  ;  «"*ent.,  or 

fi  A  7"^  ''^  Y'^^  ^'1^  P*^''''°"  ''P""  ^"^  ^®^*«  of  lands,  tenements,  or  hereditaments, 
for  a  longer  term  than  one  year;  cundmenis, 

f^LTf  f^^''^^  any  person  upon  any  contract,  promise,  or  agreement,  that  is  not 
,  to  be  performed  within  one  year  from  the  making  thereof;  unless  the  agreemen 
promise,  or  contract,  upon  which  such  action  shall  be  brought,  or  some  inemS 
rZ.ZT  '''•?"''  '•""  ^^  r^^'  "^  ^'•"'"&-  -'i  «'8'-'i  by  the  party  to  be 

ihwZ  fT^""^  ^"^  '''^  r^?  '^f  .^°°.'^?'  '^'''■*''  ^"^  merchandise,  for  the  price  of 
ion/ no  ^n/'  "P^'^--*!' «h«l  be  binding  on  the  parties,  unless,  first,  there  be 
some  note  or  memorandum,  signed  by  the  party  to  be  charged;  or,  second  the 

or"'ttvr'r'\f  "'"'P'  ^  r'  ^^  '^'^  ^^'^^  ^°  ««''^-  «"d  ^«^°^"y  re;.eive  the  samel 
Sereot-'  ^'""^  80'«ething  in  earnest  to  bind  the  bargain,  or  in  part  payment 

Limitation  of  Actions. 

»*>ii''l'onl"P°"  promissory  notes,  and  other  instruments  in  writing,  not  under 

seal,  shall  be  commenced  withm  five  years  after  the  cause  of  action  shall  accrue 

Actions  upon  sealed  instruments,  judgments,  and  decrees,  within  ten  years. 

bilhy.  wiZ  threryrr^""^"''  ^^  ^^^^'  '"""'^^^  °"  ^"^  ^^^^  -"^-^^^  -  l-" 
dpb.nrT/JlK"'"  ^?  ^"/'•'^'''^  *°  '^  limitation  equally  with  residents ;  but  when  a 
Ss  c..  nfo  ''°"'  ''^  ^•'"  ^"°'^"'  '^^^l  '"*"  Arkansas,  without  the  knowledge 
of  his  ci  editor,  such  creditor  may  sue  within  the  time  lunited,  after  he  is  apprized 
of  such  residence  of  the  absconding  debtor.  apprized 

Minors   married  women   persons  insane,  or  imprisoned  out  of  the  state  have 
the  same  times  respectively  after  the  removal  of  their  disability 
hin^'^i"  '^^'"^o^^ledgment  to  take  a  case  out  of  the  operation  of  the  statute,  or  to"' 
bind  a  person  for  a  debt  contracted  during  iniancy,  must  be  in  writing 

Uue  joint  contractor  or  executor  is  not  bound  by  the  promise  of  another. 

Collection  of  Debts. 

«tfylli'i*' f"J.- "'■■77^^^  ^'■^^'^°';  '^^"'  ^'  ^^'^  '"'"^  "f  fi""^  '^'«  fledaration,  tile  «n 
affidavit  of  himself,  or  some  other  person  for  him.  stating  .hat  the  defendant  i" 


SPECIAL    LAWS    OF    ARKANSAS.  291 

justly  indebted  to  the  plnintitf  in  a  fum  exceeding  one  hundred  dollars,  and  sta- 
ting ihe  amount,  and  also  that  the  defendant  is  not  a  resident  of  this  state,  m  tliat 
he  is  about  to  remove  out  of  this  state,  or  that  he  is  about  to  remove  his  goods 
and  effects  out  of  this  state,  or  that  he  so  secretes  himself  that  process  can  not  be 
served  on  him,  or  that  he  verily  believes  that  the  <lel)tor  has  fraudulently  con- 
veyed his  property  or  effects,  or  is  about  fraudulently  to  convey  the  same  for  the 
purpose  of  hindering  or  delaying  his  creditors,  an  attachment  against  his  properly 
may  issue. 

Bond,  in  double  the  amount  claimed,  must  also  be  filed,  conditioned  for  tho 
payment  of  such  damages  as  may  be  awarded  against  him. 

Justices  of  the  )>eaca  may  issue  an  attachment  in  like  cases  when  the  demand 
is  one  l)undred  dollars  or  less. 

Boats  running  on  the  navigable  waters  of  the  state  may  be  attached  for  debts 
contracted  by  the  owner,  <5cc  ,on  account  of  work  or  supplies  furnished  the  boat. 

Arkest  —  Only  in  case  of  fraud  alleged  by  the  plaintiff,  and  supported  by  hi^i 
affidavit  and  the  affidavit  of  some  disinterested  and  creditable  person,  to  the  facta 
on  which  such  allegation  is  founded,  can  any  person  be  arrested  iu  a  civil  action 


Deeds. 


Dkeds. — must  be  executed  in  the  presence  of  two  disinterested  witnesses,  and 

SEALKD. 

They  should  be  acknowledged,  if  in  the  state  before  the  supreme  court,  the 
circuit  court,  or  either  of  the  judges  thereof,  or  the  clerk  of  either  of  said  courts, 
or  before  the  county  court,  or  the  i)re8iding  judge  thereof,  or  any  justice  of  the 
peace,  or  notary  public. 

If  elsewhere  in  the  FJnited  States,  before  any  court  of  the  United  States,  or  of 
any  state  or  territory  having  a  seal,  or  the  clerk  of  any  such  court,  or  the  mayoi 
of  any  city  or  town,  or  the  chief  officer  of  any  city  or  town,  having  a  seal  of  office. 

If  ont  of  the  United  States,  before  any  court  having  a  seal,  or  arv  mayor  or 
chief  officer  of  any  cit)'  or  town  having  an  official  seal. 

The  certificate  to  be  attested  under  the  seal  of  office  ;  but  if  he  have  no  such 
seal,  then  under  his  official  signature. 

If  the  grantor  be  not  personally  known  to  the  officer,  he  most  be  satisfactorily 
proven. 

Tlie  trrantor  must  acknowledge  that  he  executed  the  deed  for  the  considera- 
tion and  purposes  therein  mentioned  and  set  forth. 

Married  women  must  voluntarily  appear  before  such  court  or  officer,  and  in 
the  absence  of  her  husband  declare  thnt  she  had,  of  her  own  free  will,  executed 
the  instrument  in  question,  or  had  signed  and  sonled  the  relinquishment  of 
dower,  for  the  purposes  therein  contained  an<l  set  forlli,  without  comjiulsion  or 
undue  influence  of  her  husband. 

Deeds  should  be  recorded  by  tho  recorder  of  the  county  where  the  land  is 
riinated. 

Form  of  Acknowledgment. 

State  of  Arkansas.  ?  *„  .  u 

County  of /'V/TwA/in,   \   "'W- 
Be  it  remembered,  that  on  xht^  fr%t  day  of  October,  one  thousand  eight  hun- 
dred nit(\  fipi/,  hrfitrt'  me,  John  Jonks,  a  untitry  fniblic  in  and  for  sai«l  county, 
rT«wfffilly  npp*»nr»Ml  John  Dor.  anti  Si'.san  hin  irife,  to  mc  jjersonally  known  to 
'  rilMvl  in  nnd  who  exernted  the  f«)repoing  convey ii>irr,Knf\  sov- 
f  'I  that  they  executed  the  same,  for  the  consicleration  and  pnr« 

[■  1' mod  ;  nn^  the  unifi  Su.«» a  N,  hnrine  ri>hintin-ih/  ajrjienrpd  hefore 

Vif,  in  ll't  iih^'tf  e  of  her  hvnbufid,  drclnred  (hit  »he  hntl.  '•/  her  mm  fipe  irill, 
exemtul  the  nniti  convryanre,  and  hnd  fitrned  niid  Krolfd  the  tr/iuf/'/ishme'it  cf 
ke>  tUfU-er.  Jm  the  piirpn^c*  therein  conlaintd  and  get  forth,  without  foniptUsiun 
ot  undue  injlutnct  of  her  hutband. 

(Seal. J    JOHN  JONES.  Salary  rnbfic. 


292  SPECIAL    LAWS    OF   ARKANSAS. 


Rights  of  Married  Women. 

Any  innrri-(]  woman  may  become  seized  ai)d  possessed  of  any  rcu]  or  persona! 
propt-iiy,  wliotht-r  uctjuired  before  or  after  marriage,  in  her  own  rii^Iil  and  as  of 
jier  own  property,  exempt  from  ber  husband's  debls,  provided  the  same  does  not 
come  from  ber  husband  after  marriafi:e. 

Tlie  .slaves  and  ibeir  natural  increase,  owned  by  any  married  woman  before 
marria^je,  and  that  she  may  acquire  after  marriage,  shall  be  ber  separate  prop- 
erly, exempt  from  any  liability  for  the  debts  or  contracts  of  the  husband. 

IJnt  a  schedule,  under  oalh,  and  verified  by  the  oath  of  «)me  <jiher  reputable 
pevson,  must  he  made  out  by  the  husband  and  wife,  and  filed  in  the  recorder's 
office  of  ibe  county  where  ihe  property  is,  and  of  the  county  where  thej'  reside, 
expressly  setting  forth  that  the  same  is  designed  to  be  held  exempt  from  the  lia- 
bilities of  her  husband. 

DijWKR — A  widow  shall  be  endowed  of  one  third  of  all  the  personal  estate,  aiid 
of  the  lands  whereof  ber  hn.sband  was  seized  of  an  estate  of  inherirnnce  at  any 
time  during  the  marriage,  unless  the  same  shall  have  been  relinquished  in  legal  .. 
form,  if  there  be  lineal  descendants  ;  if  not,  then  to  one  half  of  the  real  and  per- 
sonal estate. 


Rate  of  Interest. 

Whkuk  no  rate  is  mentioned,  it  is  six  per  cent.     Parties  may  contract  for  any 
rate  not  exceeding  ten  per  cent.     Usurious  contracts  are  void. 


Wills. 

£vEBY  will  shall  be  executed  and  attested  in  the  following  maimer : — 

1.  It  must  be  (Subscribed  by  the  testator  at  the  end  of  the  will,  or  by  some  per- 
son for  hiin  at  his  request. 

2.  Such  subscription  shall  be  made  by  the  testntor  in  the  presence  of  each  of 
the  attesting  witnesses,  or  shall  be  acknowledged  by  him  to  have  been  so  made 
to  each  of  the  attesting  witnesses. 

3.  The  te-stator,  at  the  time  of  making  such  subscription,  or  at  the  time  of  ac- 
knowledging the  same,  shall  declare  the  instrument  so  subscribed  to  be  his  will 
and  testament. 

4.  There  shall  be  at  least  two  attesting  witnesses,  each  of  whom  shall  sign  hia 
name  as  a  witness  at  the  end  of  the  will,  at  the  request  of  the  testator. 

ri.  Where  the  entire  body  of  the  will  and  the  signature  thereto  shall  be  writ- 
ten in  the  proper  Iiand writing  of  the  testator  or  testatrix,  such  will  may  be 
esiabiislied  by  the  unimpeachable  evidence  of  at  least  three  disinterested  wit- 
nesses to  the  hamlwriling  and  signature  of  each  testator  or  testatrix  notwilh- 
Biandi/ig  there  maybe  no  attesting  witnesses  to  such  will;  but  no  will,  wiiii* 
out  such  subscribing  witnesses  shall  be  pleaded  in  bar  of  a  will  subscribed  in 
due  form  as  prescribed  in  this  act 

Every  person  who  shall  sign  the  testator's  name  to  any  will  by  his  direction, 
shall  write  his  own  name  as  a  witness  to  such  will,  and  state  that  he  signed  the 
testator's  name  tjt  his  request.  ^ 


SPECIAL    LAWS    OF     TENNESSEE.  293 

TENNESSEE. 

CtMJBtifxinun  adopted  1835— Square  Miles  45,600— Population  in  1850,  l,023.i<38. 

Exemptions. 

Therk  is  esenjpted  in  this  state  from  levy  nnd  salo  ot 
execution — one  cow  and  calf;  one  bedstead  nnd  bo.i,  i-i.n 
taining  not  more  than  twenty-five  pounds  of  ff-iUhors  ;  two 
Bheets,  two  l)lmikcts,  and  one  counterpane ;  whin;  the  t!!::i 
i!y  consists  of  six  or  more  persons,  one  additional  featiier- 
"  -A,  bedstead,  and  bedclothes,  are  allowed  ;  one  half  doz- 
.  knives  and  Turks,  six  plates,  one  dish,  one  pot,  one 
I  utch  oven  ;  one  epinning-wheel ;  one  pair  of  cotton-cards ; 
one  chopping  axe ;  live  head  of  sheep ;  ten  head  of  stock 
hogs ;  ail  fowls  and  poultry  ;  six  chairs ;  one  bible  and 
hymn-biiok ;  one  loom  and  gear ;  also  ten  barrels  of  corn  , 
and  three  "hundred  weight  of  pork  or  bacon,  as  the  caae 
may  be,  if  such  they  have,  or  so  much  thereot  as  they, or  either  of  them  may  have. 

Also  in  the  hands  of  persons  encaged  in  agriculture,  one  plough,  one  hoe,  one  set  of 
gears  for  plougbins,  one  iron  wedge;  and  one  farm  horse,  mule,  or  yoke  of  oxen;  and 
Uie  workman's  one  pet  of  mechanical  tools,  upual  and  necfjpsary  in  his  trade  ;  any  indi- 
gent, decrepit,  or  idiotic  person  or  persons,  who  are  unal>le  by  manual  labor  or  physi- 
c.il  evf rtions  to  obtain  a  liviii"  or  support,  •'■'>  exempt  from  working  on  public  roads, 
hnd  p;iyiiii.'  poll  tax,  when  sut^  infirmities  shtdl  be  made  to  app»:ar  satisfactory  to  any 
cuntv  '--'UrL 
Ti-c  iiruu  and  equipments  of  any  militia-irsr,  are  exempt  from  execution  at  all  times 


Mechanics'  Lien. 

When  any  mechanic  or  undertaker,  by  special  contract  with  the  owner  of  any  lot  of 
rround  or  tract  of  land  in  this  state,  or  his  agnnt.  phall  construct,  build,  or  repair,  either 
in  whole  or  iri  part,  or  furnish  materials  or  any  part  of  materials,  in  the  consti-uction, 
bnilding,  or  repairing,  of  any  house,  fixtures,  or  improvements,  or  shall  do  any  work 
upon  the  said  house,  either  by  finishinc  otV  the  same,  painting,  ornamenting,  or  other 
wise,  such  mfchanic  or  undertaker  shall  have  and  retain  a  lieu  upon  such  building,  and 
the  lot  of  ground  thereto  aitach»>d.  in  proportion  to  the  amount  and  value  of  work  dona 
or  iiiJitcriiils  furnished  as  aforesaid 

A  Ii^•M  hereby  created,  shall  continue  one  year  after  the  work  done,  or  materials  fur- 
ni«hi*d,  and  until  the  decision  of  any  puit  that  may  be  brought  witiiin  that  time  for  tbo 
debt  that  may  be  Hue  said  mechanic  or  unaeriMker  ;  also  said  lien  shall  extend  to  jour- 
neyman, or  all  who  in  part  build,  or  in  part  funii.^h  materials.  Provided  notice  in  wri- 
ting of  euid  li«'n  shall  be  Jiret  (riven  to  the  owner  or  proprietor  of  said  lot,  tract  of  land, 
house,  or  improvements,  or  his  agent,  at  the  lime  baid  work  is  begun,  or  materials  fur- 
ni.|„wi  i,v  L,.i.i  i-.-imeymen  or  other  p«-r^on. 

\'v  •  in  contracted  by  the  master,  owner,  agent,  or  consignee,  of  any  steam 

or  k  M  this  state,  by  and  on  account  of  any  work  dr>ne,  or  matt-rial.«  or  ar- 

li«l(-  ;.  lur  or  toward  tlie  building,  repairine,  fitting,  furnit^hing,  or  equii)pirg, 

•n<h  stfum  or  kt^-l  boat,  or  for  wages  due  to  tb*"  hands  thereof,  such  debt  shall  be  a  lien 
upon  such  sti-am  or  keel  boat,  her  tackle  and  furniture;  provided  that  suit  be  com- 
nri'ticed  within  three  months  from  the  time  said  work  ia  finished,  or  said  mat'sriuls  or 
articles  are  fumisbcd,  or  said  wages  fall  due. 


Chattel  Mortgages. 


Thcss  imist  be  prored  and  recorded  the  same  as  mortgages  on  land,  to  nmko  them 
valid  as  s^ainst  bona  fide  creditors  and  purcbaM^rs. 


Law  Regulating  Contracts. 

No  action  shall  be  brought  whereby  Jo  charge  any  executor  or  administrator, 
upon  any  special  promise,  to  answer  any  debt  or  damages  out  of  his  owt  estate; 
or  wb'ircbj  to  cbargu  the  dtsfundant,  upon  any  spcciiJ  promise,  to  answer   tor  thA 

25* 


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TENNESSEE 

^?     ^    Scale  o£Mlle!?.  „ 

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296  SPECIAL    LAWS    OP    Tlrx-<NESSEK. 

debt,  -iefaalt,  or  miscarriage,  of  another  person;  or  to  charge  anj  person  Gpnn 
any  agreement  made  upon  consideration  of  marriage ;  or  upon  any  contract  lor 
the  sale  of  lands,  tenements,  or  hereiiitameuta,  or  the  making  any  lease  thereof 
for  a  longer  term  than  one  year;  or  upon  an  agreement  wiiich  is  not  to  be  per- 
formed within  t'le  S|)ace  of  one  year  from  the  making  thereof,  unless  the  promise 
or  agreement  upon  which  such  action  shall  be  brought,  or  some  raemorandam 
or  note  thereof,  shall  be  in  writing,  and  signed  by  the  party  to  be  charged  there- 
with, or  some  other  person  by  him  thereunto  lawfully  authorized. 


Limitation  of  Actions. 

Actions  of  account,  and  upon  the  case,  except  such  accounts  as  concern  fbo 
trade  of  merchandise  between  merchant  and  merchant,  their  factors  or  servants, 
actions  of  debt  for  arrearages  of  rent;  actions  of  detinue,  replevin,  and  trespasA 
qvare  dansum /regit,  must  be  brought  within  tliree  years  next  after  the  cause  ol 
action  accrues. 

Any  contract  or  lending,  without  specialty,  within  six  years  from  the  lime  tha 
cause  of  action  accrues. 

Actions  of  trespass,  assault,  battery,  wounding,  and  imprisonment,  within  one 
year. 

Actions  of  slander,  within  six  months. 

The  same  limitation  ajjplies  to  bonds,  bills,  and  other  securities,  made  trnng- 
ferable  by  law,  after  their  assignment  or  endorsement,  as  is  applicable  to  prom- 
issory notes. 

There  is  the  usual  saving  in  favor  of  infants,  femme  eoverts,  and  persons  n<m- 
compos  mentis,  imprisoned,  or  beyond  seas,  of  the  term  of  limitation,  after  the 
removal  of  their  respective  disabilities. 


•  Collection  of  Debts. 

Attachmknt. — When  the  sheriflT  shall  return  that  "  the  defendant  is  not  to  bo 
found  in  his  county,"  in  civil  cases,  an  attachment  may  issue  against  the  properly 
of  a  defendant  who  is  a  resiflent  of  the  slate. 

When  a  creditor  makes  ntBdavit  that  his  debtor  so  absconds  or  conceals  himself 
that  process  can  not  be  served  on  him,  or  is  removing  or  about  to  remove  lumself 
or  his  property  withoat  the  state,  or  is  absconding  or  concealing  himself  or  hia 
property,  or  that  he  is  a  non-resident,  and  states  therein  the  amount  of  his  claim,  a 
writ  of'attachmem  may  issue  against  the  property  of  the  debtor. 

Arrest  for  debt  is  abolished. 


Deeds. 


The.sk  must  be  sealed,  and  attested  by  two  subscribing  witnesses. 
"When  the  wife  joins  her  husband  in  a  conveyance,  she  must  be  privately  ex 
amined,  separate  from  her  husband. 

Form  of  Acknowledgment. 

State  of  Tennessee,      )  ^^ 
Marion  County,  \ 
Personally  appeared  before  me,  John  Jones,  clerk  nf  the  connty  court  r.j 
Marion,  the  within-named  John  Doe  7'jifh  Susan  kis^cifi',  with  whom  I  am  per- 
sonally a"quainted,  and  who  acknowledged  that  he  executed  the  within  deed  for 
the  purposes  therein  contained. 


SPJECIAL   t.AWS    OF    TENNESSEE.  297 

Witness  ray  hand  at  office,  this  tenth  d&y  of  February,  one  thousand  eight  hun- 
dred ant]Jif/y-OHe. 

And  Susan  Dob  havin«r  aho  personally  nppeared  before  me,  privulely  and 
apart  from  her  husband,  the  said  John  Dok,  acknoiHedgfd  the  execution  of  said 
deed  to  have  been  done  by  her  freely,  voluntarily,  and  vudersldndingly,  iciihout 
compnlsion  or  restraint  from  her  said  husband,  and  for  the  purposes  therein 
expressed. 

Witness  John  Jones,  clerk  of  said  court,  at  office  this  tenth  day  of  December, 
one  thousand  eight  hundred  a.nd  ffty. 

Acknowledgments  may  be  made  before  the  clerk  of  any  county  court  in  tlie 

■t.'trt. 

If  made  out  of  the  state,  they  may  be  acknowledged  before  a  notary  public 
under  his  seal  of  office,  or  before  a  judge  of  a  supreme,  circuit,  or  superior  court 
of  any  state  or  territory  of  the  United  States.  The  judge  must  endorse  thereon 
or  append  thereto  a  certificate  of  such  acknowledgment,  and  the  official  charac- 
ter of  such  judge  must  be  certified  by  the  governor  of  such  stale  or  territory  under 
the  great  seal  thereof 

Peeds  must  be  recorded  in  the  office  of  the  register  of  the  county  where  the 
lands  are  siiuated;  Rud  only  lake  etiect,  as  to  third  persons,  from  the  time  of  iiliiig 
lor  record.  % 


Rights  of  Married  Women. 

When  any  married  woman  shall,  either  before  or  after  marriage,  become  en- 
titled to  any  interest  in  any  lands,  tenements,  hereditaments,  or  other  real  estate 
whatever,  either  by  gift,  devise,  descent,  or  in  any  other  mode,  it  shall  not  be  law- 
ful, by  virtue  of  any  judgment,  decree,  or  execution  against  the  husband  of  such 
married  woman  to  sell  or  dispose  of  his  interest  in  the  real  estate  of  the  wife  ;  or 
by  virtue  of  the  judgment,  sentence,  or  decree,  of  any  court  in  this  state  to  dis- 
possess or  eject  the  husband  and  wife  from  the  possession  of  the  real  estate  of  tho 
wife  acquired  in  any  manner,  either  before  or  after  marriage. 

The  exem[)ti()n  of  the  husband's  interest  in  his  wife's  lands,  shall  not  extend 
beyond  his  wife's  life,  nor  shall  the  husband  sell  the  same  during  his  wife's  life- 
tinse,  without  her  joining  in  the  conveyance  in  the  manner  prescribed  by  existing 
laws,  in  whicJi  married  women  shall  convey  lands. 

When  nny  person  shall  die  intestate,  leaving  no  heirs-atlaw  capable  of  inherit- 
jng  real  estate  under  the  laws  of  the  stnte,0it  leaving  a  widow  she  is  entitled 
in  fee  simple  to  all  the  real  estate  of  which  her  husband  died  seized  and  pos- 
sessed, after  paying  the  debts  of  her  husband. 

DoWKH. — A  widow  is  entitled  to  dower  of  one  third  part  of  the  lands,  tene 
tnents,  and  hereditaments,  of  which  her  husband  died  seized  or  possessed. 

Rate  of  Interest 

The  legal  rate  is  six  per  cent.;  and  the  person  exacting  more  is  liable  to  a 
fine  of  not  less  than  the  amoant  asuriously  taken. 


Wills. 


WiM.s  must  \f;  in  writing,  signed  by  tho  testator,  or  some  other  person  In  his 
prvnencc  and  by  h\n  express  direction,  and  subscribed  in  the  preHenco  of  the  les 
lat/jr  by  two  wttneiaof,  no  one  of  whom  is  interested  in  the  will. 


298  SPECIAL   LAWS   OF   TENNESSEE. 

Tennessee  Homestead  Exemption. 

The  homestead  of  every  housekeeper  or  head  of  a  family,  residing:  in  this  state,  to  th«» 
vdlue  of  five  hundred  dollars,  consislinfr  of  a  dwellinn^-house  and  out-buildings,  and  land  ap 
purtenant,  occupied  liystich  person  as  a  homestead,  sliall  be  exempt  from  the  debts  of  every 
such  housekeeper,  or  bead  of  a  family,  and  from  attachment  and  execution,  in  all  cases 
where  the  contract  shall  be  made  or  cause  of  action  shall  accrue  after  the  first  of  January 
18.53,  except  as  hereinafter  provided.  Before  any  person  shall  be  entitled  to  the  benefitg 
of  tnis  act,  he  or  she  shall  first  declare  his  or  lier  intention  of  claiming'  the  homestead,  by 
having  a  declaration  or  notice  of  such  intention  sis^ned,  scaled,  and  witnessed,  and  duly 
registered  in  the  register's  office  in  ihe  couniy  in  which  such  homestead  may  be  situated  ; 
and  the  rijjht  to  the  protection  a^amst  execution  being  levied  on  guch  homestead,  shall  be 
only  from  and  after  date  of  such  retristration. 

VVhen  the  real  estate  is  levied  upon,  the  homestead,  occupied  as  such  by  the  head  of  the 
family,  shall  be  set  apart  out  of  the  real  estate  levied  upon,  by  three  disinterested  freehold- 
ers, and  the  remainder  may  be  sold.  If  the  homestead  can  not  be  divided,  the  whole  may 
be  sold,  and  five  hundred  dollars  of  the  proceeds  must  be  paid  to  the  clerk  of  the  court  ren- 
derinfi^  the  judgment,  to  be  used  only  for  the  purchase  of  another  homestead  ;  the  sui-plus 
from  Ihe  sale  to  be  applied  to  the  payment  of  the  execution.  The  widow  of  a  housekeeper, 
»nd  also  in  case  of  a  divorce  resultina'  from  his  misconduct,  is  entitled  to  the  benefits  of  this 
exemption  during  her  widowhood.    The  same  applies  to  children  during  their  minority. 

Thejiomestead  can  not  be  aliened  or  mortgaged  except  by  the  joint  deed  of  husband  and 
wife,  if  he  be  a  married  man,  executed  in  the  usual  manner  of  conveyances,  except  for  pay- 
ment of  the  purchase-money  agreed  to  bo  given  therefor.  The  homestead  is  subject  to  sale 
for  all  state,  county,  or  corporation  taxes,  legally  assessed  thereon.  To  be  entitled  to  the 
benefit  of  this  exemption,  the  person  niu.st  permanently  reside  on  the  premises.  The  person 
to  whom  the  homestead  is  set  apart,  must,  within  one  year  after  the  delivery  of  the  certified 
deecrip  ion  or  the  real  estate  set  apart  by  the  freeholders,  have  the  same  registered  in  the 
rfogiste   1  office  of  the  county  wherein  such  land  may  be.  to  obtain  a  valid  title  thereto 


^SPECIAL    LAWS    OP    KLNTUCKi.  299 


KENTUCKY. 

Constitation  adopted,  1850.— Square  Miles,  40,5U0.— Population  in  1850,  993,344. 

•■^— 


Exemptions. 


There  is  exempt  from  levy  and  sale  on  execution  one  worft. 
beast,  or  yoke  vt'  oxen  ;  one  plough  and  gear,  one  axe,  one  liocj 
two  cows  and  calves;  two  beds,  bedding,  and  furniture  ;  one 
loom  and  spinning-wheels,  and  cards  for  tne  same ;  all  the  spun 
yam  and  manufactured  cloth  aud  carpeting  manufactured  l)y 
the  family,  necessary  for  family  use ;  one  pot,  one  oven,  half- 
dozen  plates,  half-dozen  cups  and  saucers,  one  coflee-pot,  one 
teapot,  half-dozen  knives  and  forks;  one  table;  Uie  family  Bi- 
ble ;  one  saddle  and  its  appendages,  one  bridle ;  six  chairs,  not 
exceeding  eight  dollars  in  value;  poultry  of  their  own  rearing, 
or  purchased  for  family  use  ;  five  head  of  sheep,  and  wearing- 
apparel ;  and  to  a  mechanic  his  tools,  not  exceeding  one  hun- 
dred dollars  in  value;  but  only  one  work-beast  of  any  mechanic 
who  claims  his  tools,  shall  be  exempt  from  execution.  Also, 
Ibe  atove  and  appendagen,  and  the  cooking  uirnsils.  not  exceeding  twenty-five  dollars  in 
valoe,  of  any  honnjide  housekeeper  with  a  family.  The  ofiicer  is  also  required  to  set  apart 
to  each  defendant,  by  two  disinterested  housekeepers,  as  much  provisions,  including  iiread- 
•tuffs  and  animal  food,  and  as  much  wood  or  stotie-coal  laid  in  for  family  consumption  as 
fuel,  as  will  be  sufficient  for  such  defendant  and  his,  or  her  family,  for  six  mbutha  from  and 
after  the  lime  of  levy. 


Mechanics'  Lien. 

In  the  towns  of  Bowlinp-Qreen,  Rusaellville,  and  Owenboronch,  the  city  of 
Mayaville,  the  town  of  Brandenburgh,  the  city  of  Lexington,  and  m  the  town  of 
Paducah.  the  raechnnica  have  a  lien  for  their  labor  and  materials  furnished  in  the 
ccnslraction  or  repair  of  any  buildings,  U[»on  the  building  and  the  lot  of  land  on 
which  it  18  situate,  provided  they  file  their  amounts  in  the  county  court  clerk's 
office  within  six  mjuiihs  from  the  time  they  cease  to  work,  aud  jiroceed  to  en- 
force their  lien  by  suit. 

In  Padacah,  they  may  enforce  their  lien  wiihin  one  year  by  bill  filed  in  th« 
il'Cracken  circuit  courc 


Chattel  Mortgages. 

Chattel  mortgages  mcwt  be  acknowledged  and  recorded  the  same  as  deedfi 
of  real  estate. 


Law  regulating  Contracts. 

No  action  shall  be  brought  whereby  to  charge  any  executor  or  administrator, 
opon  any  special  promise,  to  answer  any  debt  or  damngtjs  out  of  his  own  estate; 
or  whcnjby  to  chartre  tho  def«;ndant,  upon  any  sfKJcial  jjromise,  to  answer  for  the 
d«'bt,  default,  or  miscarriage,  of  another  person  ;  or  to  charge  any  person  opon  any 
ftgrecm«;nt  made  upon  consideration  of  marriage;  or  upon  any  contract  for  tbu 
•  lie  of  lands,  tenements,  or  hereditaments,  or  the  making  any  lease  thereof  for  a 
l.iiger  term  than  one  year;  or  nijon  any  agreement  whiih  is  not  to  be  performed 
willi'n  the  space  of  iiou  year  fiorn  the  making  thereof;  unless  the  promise  or 
■greament  ujjon  which  surh  action  shall  be  brooght,  or  some  memorandum  or 
note  thereof,  shall  l)e  in  writing,  and  signed  by  the  party  to  ha  charged  tberewitli, 
or  by  some  other  person  by  bim  tbereunio  lawfully  authorized. 


f H I CK-  JlJ&yilf'Zai); 


r 


,,    \iroplcinivilIe  iL) 


j^  Pr^mce^itx-    \-..,...LX^    oVSr  VrrT/  !''''"-"" 


300 


302  SPECIAL    LAWS    OF    KENTUCKY. 


Limitation  of  Actions. 

An  action  f<«  the  recovery  of  real  property  can  only  be  broug^ht  within  fifteen  years  aflei 
the  right  to  hrint,'  it  first  accrued  to  the  plaintiff,  or  to  the  person  through  whom  he  claims. 

If,  at  the  time  when  the  right  of  any  person  to  bring  an  action  for  the  recovery  of  real 
property  first  accrued,  such  person  was  an  infant,  married  woman,  or  of  unsound  mind,  thea 
such  person,  or  the  person  claiming  through  him,  may,  notwithstanding  the  period  of  fifteen 
years  has  expired,  bring  the  action  within  three  years  after  the  time  at  which  the  person  to 
whom  the  right  so  accrued  ceased  to  be  under  sucli  disability  as  existed  when  the  same  so 
accrued,  or  died— whichever  has  happened  first. 

The  period  within  which  an  action  for  the  recovery  of  real  property  may  be  brought, 
ehall  not  in  any  case  be  extended  beyond  thirty  years  from  the  time  at  "which  the  right  to 
bring  the  same  first  accrued  to  the  plaintiff,  or  to  the  person  through  whom  he  claimed,  by 
reason  of  any  death,  or  the  existence  or  continuance  of  any  disability  whatever. 

An  action  upon  a  judgment  or  decree  of  any  court  of  the  United  States,  or  of  any  state  CT 
territory  within  the  United  States,  the  period  to  be  computed  from  the  dale  of  the  last  exo> 
cution  regularly  issued  thereon  ;  and  an  action  upon  a  recognizance  or  a  written  contract 
other  than  one  for  which  a  different  limitation  is  hereinafter  prescribed,  must  be  brought 
within  fifteen  years. 

An  action  upon  tlie  official  bond  of  a  sheriff,  marshal,  sergeant,  clerk,  constable,  or  other 
public  officer  or  his  deputy:  an  action  upon  the  official  bond  of  a  personal  representative, 
guardiai.',  curator,  or  committee:  an  action  upon  a  bond  for  an  appeal,  supersedeas,  attach- 
ment, injunction,  or  order,  of  arrest,  or  for  the  delivery  of  property  :  or  a  bond  for  the  forth- 
comintr  of  properly,  or  to  obey  or  perform  an  order  or  judgment  of  a  court  in  an  action;  or 
a  bond  for  costs,  or  any  other  bond  taken  by  a  court  or  judge,  or  by  an  oliicer  pursuant  to 
the  direction  of  a  court  or  judge  in  an  action,  or  upon  a  replevin,  sale,  or  delivery  bond 
taken  under  an  execution  or  warrant  of  distress:  an  action  upon  an  indemnifying  bond 
taken  under  a  statute  or  upon  a  bond  to  suspend  a  proceeding  or  sale  under  an  execution, 
or  distress  warrant,  i  «st  be  brought  within  ten  years. 

An  acUon  against  surety  in  any  recognizance,  bond,  or  contract,  except  where  a  shorter 
period  iThereinalK  prescribed:  an  action  upon  a  contract,  express  or  implied,  other  than 
one  for  which  a  dif "erent  limitation  is  herein  prescribed  :  an  action  upon  a  liability  created 
by  statute  other  than  a  penalty  or  forfeiture  :  an  action  for  trespass  upon  real  property,  for 
the  profits  of,  or  oamages  for  withholding  real  property;  for  taking,  detaining,  or  injuring 
personal  properly,  including  actions  for  the  specific  recovery  thereof;  for  an  injury  to  the 
rights  of  the  plaintiff  not  arising  on  contract  and  not  hereinafter  enumerated  :  an  action  up- 
on a  bill  of  exchange,  check,  draft,  or  order,  or  upon  a  promissory  note  placed  upon  the 
footing  of  a  bill  of  exchange  :  an  action  to  enforce  the  liability  of  a  steamboat  or  other  ves- 
sel, in"a  case  in  which  it  is  specifically  subject,  by  statute,  to  the  plaintiff's  claim :  an  action 
upon  an  account  concerning  the  trade  of  merchandise  between  merchant  and  merchant  or 
their  agents :  and  an  action  for  relief  on  the  ground  of  fraud,  nmst  be  brought  within  five 
years. 

An  action  for  an  injury  to  the  person  of  the  plaintiff  or  of  his  wife,  child,  ward,  or  servant 
other  than  a  slave;  for  malicious  prosecution  or  arrest;  for  seduction,  criminal  conversa- 
tion, or  breach  of  promise  of  marriage  ;  upon  k  statute  for  a  penalty  or  forfeiture,  oilier  than 
those  for  which  a  different  limitation  is  prescribed  in  this  chapter:  an  action  for  libel  or 
slander ;  for  the  escape  of  a  prisoner  arrested  or  imprisoned  on  civil  process  ;  to  enforce 
the  liability  of  bail,  or  of  a  sheriff  or  oilier  officer  as  bail,  iftust  be  brought  within  one  year 
after  the  cause  of  action  accruM. 

And  an  action  upon  an  account  for  goods,  wares,  and  merchandise,  sold  and  delivered,  or 
for  any  article  charged  in  a  store  account,  must  be  brtjught  wiihin  one  year.  In  every  such 
action,  the  limitation  shall  be  computed  from  the  first  day  of  January  next  succeeding  the 
respective  dates  or  limes  of  delivery  of  the  several  articles  charged  in  the  account ;  and 
judgment  shall  be  rendered  for  no  more  than  the  amount  of  such  articles  as  were  actually 
charged  or  delivered  within  the  vear  preceding  that  in  which  the  action  is  brought. 

If  any  meichiint  or  trader  shall  wilfully  post'dale  any  article  charged  in  such  account,  or 
the  receipt  for  the  delivery  thereof,  he  shall  forfeit  tenfold  the  amount  of  such  article,  to  !>« 
recovered  by  any  person,  with  costs,  before  a  justice,  where  the  penalty  does  not  exceed 
fifty  dollars ;  ajid  where  it  does  exceed  that  sum,  iu  the  circuit  court. 


Collection  of  Debts. 

Arrest. — A  defendant  in  a  civil  action  can  be  arrested  and  held  to  bail  only  when  thero 
la  filed  in  the  office  of  the  clerk  of  the  court  in  which  the  action  is  brought  an  affidavit  of  the 
plaintiff,  showing — 

1.  The  nature  of  the  plaintiff's  claim  2.  That  it  is  just.  3.  The  amount  or  value  which 
the  deponent  believes  the  plaintiff  ouirlit  to  recover.  4.  That  the  deponent  believes,  either 
tliat  the  defendant  is  about  to  depart  from  this  stale,  and,  with  intent  to  defraud  his  credit- 
ois,  has  concealed  or  removed  from  this  stale  his  property  or  so  much  thereof  that  the  pro- 
cess of  the  court  afifcr  judgment  can  not  be  executed,  or  that  the  defendant  has  money  <«/ 


SPECIAL    LAWS    OF    KENTUCKY.  303 

■ecurities  for  money,  or  evidences  of  debt,  in  the  possession  of  himself  or  of  others  for  hla 
a«e.  and  \a  about  to  depart  from  this  stale  without  leaving  property  therein  euflicient  to  sab 
liifv  the  plaintifl"'8  claim. 

1*here  must  be  a  bond  executed  on  the  part  of  the  plaintiff  by  one  or  more  sufficient  surtv 
tics,  conditioned  to  pay  to  the  defi^ndant  all  damaf^es  if  the  order  be  wrongfully  obtained, 
not  »fxceedin»  double  the  nmonnt  of  the  plaintiff's  cluim. 

Attachment.— An  attacliment  aifninst  the  property  of  the  defendant  may  issue,  first,  in 
an  artion  for  the  recovery  of  money  where  the  action  is  against— 1.  A  defendant  or  several 
defendants,  who,  or  some  one  of  whom,  is  a  foreign  corporation  or  a  non-resident  of  this 
•tate :  or— 2.  Who  has  been  absent  therefrom  four  months  :  or — 8.  Has  departed  from  this 
Btate  wiUi  intent  to  defraud  his  creditors :  or — 4.  Has  left  the  county  of  his  residence  to  avoid 
.the  service  of  a  summons:  or — 5.  So  conceals  himself,  that  a  summons  can  not  be  served 
upon  him:  or— 6.  Is  about  to  remove  his  property  or  a  material  part  thereof  out  of  this 
state,  not  leaving  eaounh  therein  to  satisfy  the  plaintiff's  claims  :  or— 7.  Has  sold,  conveyed, 
or  otherwise  disposed  of  his  property,  or  suffered  or  permitted  it  to  be  sold,  with  tlie  fraud- 
ulent intent  to  cheat,  hin<ier,  or  dolaV  his  creditors  :  or — 8.  Is  about  to  sell,  convey,  or  oth- 
erwise dispose  of  his  property,  with 'such  intent. 

But  an  atuirhment  shall  not  be  eranted  on  the  ground  that  the  defendant  or  defendants,  or 
any  of  tliem  is  %  foreign  corporation  or  a  non-resident  of  this  state,  for  any  claim  other  than 
»  Jobt  or  d<Jir(iid  aritmg  upon  contract. 

gecofidiy,  in  8!i  action  to  recover  the  posse.ssion  of  personal  property  where  it  has  been 
o.deretl  to  be  ('e'Arcr^tl  to  the  plaintiff,  and  wliere  the  property  or  part  thereof  has  been 
dispostfi  of,  c'/ucealsvl.  or  removed,  so  that  the  order  for  its  delivery  can  not  be  executed  by 
the  sberitf. 


I 


Deeds. 

Thksf,  must  he  in  wrilinsr,  and  lod?ed  for  record  in  the  office  of  the  county  court  of  the 
CO  itity  where  the  lutd  is  situate  within  eiglit  months.    A  seal  is  not  necessary. 

'llifv  may  be  i»f  fi/owledj^ed  in  any  county  court,  or  in  the  office  of  any  such  court,  before 
the  cli-rk  thereof. 

Out  of  the  Stat*}  before  any  judiro  or  justice  of  a  superior  or  inferior  court  of  the  county, 
dirttrin,  or  place,  where  they  "reside,  and  out  of  the  United  States  before  the  usual  official 
officers. 


Slate  of  Kentucky,     >  ^  ^^ . 


Fifrm  of  Acknowledgment. 


County  of  Livinfftton, 

Be  It  rem»mbered,  that  on  the  Jirit  day  of  October,  one  thousand  eight  hundred  SLndJl/fy- 
Jtee,  l>»-fore  me,  at  offirn,  John  .Iones,  elc'rk  of  the  county  courf  of  said  county,  personally  cnino 
John  Dok  and  Susan  hU  wife.Xo  me  known  to  be  the  persons  described  in,  and  who  e.vecu- 
trd  tlie  t"(ire;.'oingfonffv//«f*,  and  severally  acknowledged  that  they  executed  tite  siime:  and 
the  I'lid  .SuiAN,  <m  an  fxtimiuntiim  by  me,  privily  and  apart  from  /icr  husband,  declared  tJuit 
the  did  freely  and  Ufillimjly  teal  and  deliver  the  taid  conveyance,  which  woh  then  by  me  shown  and 
fx/tltiined  U>  her,  and  that  the  withet  not  to  retract  it,  and  acknowledged  it  to  be  her  act,  and  con' 
tented  Unit  it  may  0%  recorded. 

WiineM  my  hand  and  seal  of  court,  at  office,  the  day  and  year  above  written. 
(Smd)  JOHN  JONES,  Clerk  of  the  County  Court  of  the  County  of  JAvingtton. 


I 


Rights  of  Married  'Women. 

Till  t-nvfs  of  a  married  woman  and  the  increase  thereof,  and  her  real  estate  ovned  b^foro 
'..-  ,v  '\  II..!  :if'er  marriai:*-,  slialj  not  be  liable  for  the  debts  of  her  hunliand ;  but  are  liabln 
r..i  il.i.ts  l>y  her  and  her  hu«band  jointly  created,  in  writing,  for  necessaries  furnishtul  her 
or  any  m»*tnlier  of  her  firnily. 

Th««  f  stall*  and  pri>perty  of  the  husband  shall  not  be  subject  to  (he  payment  of  any  con- 
(rucla,  hubtJiliea,  damagea,  or  debts,  incurred  by  the  wife  prior  to  her  marruige. 


Rate  of  Interest 

The  legal  rate  ii  tix  per  cent    The  usurious  excess  only  ia  void. 


Wills. 


signed  by  the  teslator  or  by  aomo  other  person  in  his  progence 
fiiot  wholly  wriit.-ri  by  liiniHcK.  must  U-  utiuated  by  two  or  nioie 
nbiag  tiiutr  uaines  In  liia  piuscuce 


teoifi^i^l 


304 


n  ^^^ 

vAi  <-;j, 


i^^stfnS 


^i^/^.  MC^S^  ^-nl4 


HOC 


latttpoUs 


UinUjig 
-   (fill 


2{j* 


300 


306  bPEJIAL    LAWS    OF    OHIO. 


OHIO. 

Constihition  adopted,  I851.-Square  miles,  39,964.- Population  in  1850,  1,877,03:. 

Exemptions. 

EvF.RY  person  who  has  a  family  shall  hold  exemtx 
from  execution —  ^ 

1.  The  wearin,£,-apparel  of  such  family ;  the  beda 
bedsteads,  and  bedding,  necessary  for  the  use  of  such 
family ;  one  stove  and  pipe,  used  either  for  cooking  or 
for  warmrfie:  the  dwelling-house  ;  an  amount  of  fuel  suf. 
hcient  for  the  period  of  sixty  days,  actually  provided 
and  designed  for  the  use  of  such  family. 

2.  One  cow,  or,  if  the  debtor  own  no  cow.  household 
furniture,  to  be  selected  by  the  debtor,  not'exceedine 

r,  .r,,     J  ,  ""^'*^"  dollars  in  value;  two  swine,  or  the  pork  there 

fiom ;  or.  If  the  debtor  own  no  swine,  household  or  kitchen  furniture,  to  be  selected 
by  the  debtor,  not  exceeding  six  dollars  in  value;  six  sheep,  the  wool  shorn  from 
them,  and  the  cloth  or  other  articles  manufactured  therefrom;  or,  in  lieu  of  such 
sheep,  household  and  kitchen  furniture,  to  be  selected  by  the  debtor,  not  exceed 
ing  ten  dollars  m  value,  and  sufficient  food  for  such  animals,  when  owned  by  tZ 
debtor,  for  tlie  period  of  sixty  days.  "vvneu  uy  tne 

3    The  bibles,  hymn  books,  psalm-books,  testaments,  and  schoolbooks,  used  in 
the  family,  and  all  family  pictures.  ' 

4.  Any  amount  of  provisions  actually  prepared  and  designed  for  the  sustenance 
of  such   amily,  not  exceeding  forty  dollars  in  value,  to  be  selected  by  the  debtor 
and  such  other  articles  of  household  and  kitchen  furniture,  or  either,Lcessa^^^^^^^ 
iollars t'vake        ^^^^'         '"  ^"  '"'''^'^  ^^  ''^"  *^^^^"^'  "^'  ^^^-^^^-8  thirty 

5    The  tools  and  implements  of  the  debtor,  necessary  for  canying  on  his  trade 

rn^gX'doiirrlt;  val^ '"""'^^  "  ^^™"'""^'  "^  ''  ^^'^^^'^  ^^^-'  ^^  ^^^^ 
In  ail  cases  arising  under  the  first  section  of  this  act,  the  amount  of  beds  b^d- 
SiL^^f  bedding,  necessary  for  the  use  of  such  family ;  the  amount  of  fuel 
sufiicient  for  the  period  of  sixty  days,  actually  provided  and  designed  fbr  the  use 
of  such  family  ;  the  amount  of  food  for  the  usC  of  the  animals  exempted  from  ex e 
cution  for  ihe  period  of  sixty  days,  shall  be  determined  by  two  disinterested 
householders  of  the  county,  to  be  selected  by  the  officer  holding  the  execution 
And  the  value  of  the  provisions,  household  and  kitchen  furniture,  and  the  tS 

this  ac?i'J;.m"?f"'^  '•'"  ^"^"'•'"  ""'I'T^y  ^"'-  ^^"•>"'"-  °"  his  trade  or  bus  ness.  by 
hcidSs         ^  execution,  shall  be  estimated  and  appraised  by  said  house 

R^.?nr  Ifl^'^'r  "'  «,  recorded  in  the  recorder's  office  of  the  county  where  situ 

and  KL  r«lw    """V^^-'IT  -^^^'■''  ^'^  ^^^™P^  ^'-^^  execution  ;  notaries'  seal 
and  his  registers  and  official  documents,  are  also  exempt. 

By  the  homestead  law,  which  went  into  effect  July  4,  18.50,  it  is  provided  thil 
•«  It  shall  be  lawful  for  any  resident  of  Ohio,  being  the  head  of  the  family  and 
not  the  owner  of  a  homestead,  to  hold  exempt  from  execution,  or  sale  as  afore- 
said (see  homestead  exemption  law),  mechnnical  tools,  or  a  team  and  farmine 
otensils,  not  exceeding  three  hundred  dollars  in  value,  in  addition  to  the  auiounJ 
ot  chattel  property  now  exempted. 


I 


SPECIAL    LAWS    OF    OHIO.  307 

Homestead-Exemption  Law 

Fbox  and  after  July  4th,  1850,  the  family  homestead  of  each  head  of  a  family  shall 
be  exempt  fioni  sale  on  ext^cutiou  on  any  judgment  or  decree  rendered  on  any  cause 
ol  action  accruing  ait.r  the  taking  effect  of  this  act;  provided  tliat  such  homet-te:id 
shall  not  exceed  five  hundred  dollars  in  value. 

The  iheriffor  other  officer  executing:  any  writ  of  execution,  founded  on  any  ludement  or 
decree  such  as  is  mentioned  in  the  first  section  of  this  act,  on  application  of  the  debtor  or 
bit  wife,  bis  ajrent,  or  attorney,  if  such  debtor  have  a  family,  and  the  lands  or  tenements 
about  to  be  levied  on.  or  any  part  or  parcel  thereof,  shall  be  the  homestead  thereof,  shall 
cause  the  inquest  of  appraisers,  upon  their  oaths,  to  set  off  to  such  debtor,  by  metes  ani 
bounds,  a  homestead  not  exceeiiin-^  live  hundred  dollars  in  value,  and  the  assigiiment  of  Ihe 
hoMiesteail  to  made  by  the  appraisers  shall  be  relumed  by  the  sheriff,  or  other  officer,  along 
with  Ins  writ,  and  shall  be  copied  by  the  clerk  into  the  execution  docket ;  and  if  no  com- 
plaint be  made  bj'  either  party,  no  furtlier  proreedines  shall  be  had  against  the  homestead, 
bat  the  remainder  of  the  debtor's  lands  and  tenements,  if  any  more  he  shall  have,  shall  be 
liable  to  sale  on  execution,  in  the  same  manner  as  if  this  act  had  not  passed ;  provided, 
that  upon  complaint  of  either  party,  and  upon  good  cause  shown,  the  court  out  of  which  the 
writ  ifisued,  may  order  a  re-appraisement  and  re-assifinment  of  the  homestead;  provided, 
also,  th^  in  case"  no  applicaliou  be  made  as  afores/iid  during  the  lifetime  of  the  debtor,  such 
application  may  be  made  by  the  widow  of  the  judjjmeni  debtor  any  time  before  a  sale. 

On  petition  of  execuiors  or  administrators,  to  sell  the  lands  of  any  decedent  to  pay  debts, 
who  shall  have  left  a  widow  and  a  minor  child  or  children,  unmarried  and  composing  part 
of  decedent's  family  at  the  time  of  his  death,  the  appraisers  shall  proceed  to  set  apart  a 
homestead  in  the  same  manner  as  is  provided  in  the  preceding  sertion;  and  the  same  sliall 
remain  exempt  from  sale  on  execQtion  for  debts  contracted  after  the  taking  effect  of  this 
act,  and  exempt  from  sale  under  any  order  of  such  court  so  long  as  any  unmarried  minor 
child,  or  children,  shall  reMide  thereon,  althoui:h  the  widow  may  have  previously  died  and 
the  unmarried  minor  child,  or  chiidren,  actually  residing  on  the  family  homestead,  shall  be 
entitled  to  hold  the  same  exempt  from  sale  on  execution  for  debts  as  hereinbefore  pro- 
Tided  for,  although  tlie  parent  from  whom  the  same  descended  may  have  left  no  wife  or 
husband  survi/ing. 

Every  widower,  or  widow,  having^  an  unmarried  minor  child,  or  children,  residing  with 
him,  or  her,  as  part  of  his  or  her  family,  shall  have  the  benffit  of  this  act,  in  the  same  man- 
ner Rs  married  persons.  And  married  persons,  living  together  as  husband  and  wife,  shall 
be  entitled  to  the  exemption  in  this  act  provided,  although  they  have  no  children. 

Any  person  owning  the  superstructure  of  a  dwelling-house,  occupied  by  him  or  her  as  a 
family  homestead,  shall  be  entitled  to  the  benefit  of  this  act,  a!lhout;n  the  title  tr.  t^e  land  on 
which  the  same  may  l)e  built  shall  be  in  anotlier,  and  lessees  shall  be  entitled  to  the  benefits 
of  this  act,  in  the  same  matmer  as  owners  of  the  freehold  or  inheritance;  provided,  nothing 
Ix'rein  contained  shall  be  construed  to  prevent  a  sale  of  the  fee  simple  subject  to  such  lease. 

When  tlie  homestead  of  any  debtor  m  execution  shall  consist  of  a  house  and  lot  of  land, 
which,  in  the  opinion  of  the  appraisers,  will  not  bear  division  without  manift'st  injury  and 
Inconvenience,  the  niaintiff  m  execution  shall  receive  in  lieu  of  the  proceeds  oflhe  sale 
of  the  liumf-teid,  the  amount,  over  and  above  forty  dollars  annually,  which  shall  be  ad- 
jud-'  Tiiisers  heretofore  mentioned,  as  a  fair  and  reasonable  rent  for  the  same, 

gnti  -.  and  interest,  are  j.aul,  the  said  rent  over  and  above  the  said  forty  dol- 

lars  '•  m  quarterly  payinenis,  commeiiciiiff  three  months  from  the  time  of  the 

levy  .,  ,...  ;  ,,..  ...ijn,  and  the  said  rent  may  be  paid  to  the  plaintiff  in  execution  or  to  his 
assigns,  ur  to  iii«  clerk  of  the  court  of  common  pleas  of  the  county  in  which  the  said  home- 
stead is  situated,  and  the  said  clerk  shall  give  to  the  persons  paying  the  same  a  proper  re- 
ceipt, and  enter  the  some  upon  the  ex<;cution  docket  without  charge,  and  in  case  the  said 
rent  shall  not  be  naid  quarter  yearly  as  above  provided  for  or  within  ten  days  al^er  each  and 
•very  payment  snail  become  due,  then,  in  that  case,  it  shall  bo  Ihe  duty  of  the  officer  to  pro 
ce«d  snd  »eil  naid  homeBtend  in  tli«  same  manner  as  is  provided  In  other  cases  for  the  sa!e 

of  re"i  --' ..r.-iM,!.  ,1  -,,,i,  I «-•,.., I  hIihH  not  be  sold  for  less  than  iu  appraised  value, 

and'  ilie  said  homestead  to  be  re-apprai.-ed  onre  in  two 

yeiir-  r  in  the  second  sertion  of  tKis  act,  and  the  said  rent 

shaJ  ,  .)  ill  accordance  with  the  said  re-appraisement,  but 

In  cas'-  ■):<■  »iii.l.  not  111!  liny  such  re-anpraisement  be  appraised  at  least  one 

Hundred  dc  i  the  next  previous  appraisement,  llie  costs  of  such  re-appraise- 

ment shall  1/  ;.laintiff  in  execution. 

The  provi„,.,,,,  •  ->■■■■■  ••■•'  -Mend  to  any  judgment  or  decree  rendered  on  any 

contract  made  be f"  f  this  act,  or  judgment  or  decree  remlered  on  any 

note  or  mortga»;e  e  \  r  and  his  wife,  nor  any  claim  for  work  and  labor  less 

tliiui  one  buriirert  ihe  lien  by  morljiago  or  otlierwise  of  the  vender  for 

(juestion,  nor  of  any  mechanic  or  other  person,  un« 

1   furnished  or  labor  performed  In  the  erection  of 

payment  of  taxes  due  ihereon. 

.  -  ni..i.    II,.,...   .,,,.,.  r  an^  mort;:age  hereafter  executed  and  which  shall 

o«»i  I  .  <  ut»"d   by  tli«5  wite  of  such  debtor.  If  ho  have  one,  shall  in  any  manner 

•ffer  -lid  debtor's  wife  or  family  to  have  a  homestead  set  off  under  the  pre 

risK.r 

Nothing  in  ihiN  act  conUlned  shall  be  so  constmed  as  in  any  way  to  Impair  the  rig^ht  Of 
do7«r,  u  it  DOW  exists,  or  tbo  mode  provided  by  law  for  en'furcioK  the  righu 


308  SPECIAL    LAWS    GF    OHIO. 

Chattel  Moitgages. 

These  must  be  imniedialely  depositf^d  with  the  coumv  recorder  wlien  executed  iu  a  ehtre 
tiiwii,  or  with  the  eierk  of  the  township  where  the  mortgager  resides^,  or  if  lie  be  not  a  r^■S' 
Kit  nt  where  the  property  inortgas;ed  is  at  tlie  time  of  the  execution  of  the  mortfia;?e,  or  they 

will  be  void.      Sucll  record  is  valid   for  nnei  T/nnv  nn1w 


Law  regulating  Contracts. 

No  action  shall  be  broug-ht  whereliy  to  charge  the  defendant,  upon  f.ny  sppcial  promise, 
to  answer  for  the  debt,  default,  or  miscarriage,  of  another  person;  or  to  charge  any  execu- 
tor or  administrator,  upon  any  special  promise,  to  answer  dumatres  out  of  liia  own  estate; 
or  to  charge  any  person,  upon  any  agreement  made  upon  consideration  of  mHrriage;  or 
upon  any  contract  or  sale  of  lands,  tenements,  or  hereditaments,  or  any  interest  in  or  con- 
cerning them;  or  upon  any  agreement  that  is  not  to  be  performed  within  the  space  of  one 
vear  from  the  making  thereof;  unless  the  agreement  upon  which  such  action  shall  be 
brought,  or  some  memorandum  or  note  thereof,  shall  l)e  in  writing  and  signed  t)y  the  party  to 
be  charged  therewith,  or  some  other  person  thereunto  by  him  or  her  lawfully  authorized 


Mechanics'  Lien. 

Any  person  who  shall  perform  labor,  or  furnish  materials  or  machinery,  for  constructing 
altering,  or  repairmg,  any  boat,  vessel,  or  other  water-craft,  or  for  erecting  or  repairiu"-  any 
house,  mill,  manufactory,  or  other  building  or  appurtenance,  by  virtue  of  a  contract  or  agree- 
ment with  the  owner  thereof,  shall  have  a  lifen  to  secure  the  payment  of  the  same,  upon  such 
boat,  vessel,  or  other  water-craft,  and  upon  such  house,  mill  manufactory,  or  other  Duildins' 
or  appurtenance,  and  the  lot  of  land  upon  vvhicn  the  same  shall  stand. 

Every  mechanic,  or  other  person,  doing  or  performing  anv  work  toward  the  erection  or  re- 
pair of  any  house,  mill,  manufactory,  or  other  building  or  appurtenance,  or  the  construction, 
alteration,  or  repair,  of  any  boat,  vessel,  or  other  water-craft,  erected  under  a  contract  be- 
tween the  owner  thereof  and  the  builder,  or  other  person,  whether  such  work  shall  be  per- 
formed as  journeyman,  laborer,  cannan,  sub.contr;ictor,  or  otherwise,  or  any  person  who  shall 
furnish  malerials  for  work  eo  done,  or  materials  so  furnished,  has  not  been  paid  and  satisfied, 
may  deliver  to  the  owner  of  such  building,  or  vessel,  an  attested  account  of  the  amount  and 
value  of  the  work  and  labor  thus  performed,  or  the  materials  thus  furnished,  and  remaining 
unpaid,  and  thereupon  such  owner  shall  retain  out  of  his  subsequent  payments  to  the  contract- 
or, the  amount  of  such  work  or  labor,  for  the  benefit  of  the  person  so  perfortnin"  the  same 

Any  person  entitled  to  a  lien  under  this  act,  shall  make  an  account  in  writing  of  the  item 
of  labor,  skill,  material,  and  machinery  furnished,  or  either  of  iheni.  as  the  case  may  be,  and 
after  making  oath  thereto  within  four  months  from  the  time  of  performing  su*h  labor  and 
Bkill  or  furnishing  such  material  and  machinery,  shall  file  the  same  in  the  recorder's  office 
of  the  county  in  which  such  labor,  skill,  and  materials,  shall  have  been  furnished,  which 
account,  so  made  and  filed,  shall  from  the  commencement  of  such  labor  or  the  furnishing 
such  materials,  and  for  two  years  after  the  completion  of  such  labor  or  the  furnishing  of 
such  materials,  operate  as  a  lien  on  the  several  descriptions  of  structures  and  building's  and 
the  lots  on  which  they  stand,  in  the  first  section  of  this  act  named.  When  any  labor  has 
been  done  or  materials  furnished  as  provided  on  a  written  contract,  the  same,  or  a  copy 
thereof,  shall  be  filed  with  the  account  herein  required. 


Limitation  of  Actions. 

An  action  for  the  recovery  of  the  title,  or  possession  of  lands,  tenements,  or  hercdita 
ments,  can  only  he  brought  within  twenty-one  yeans  after  the  cause  of  such  action  shall 
have  accrued.  Persona  under  twenty-one  years  of  age,  married  worpen,  insane,  or  im- 
piisoned,  have  the  time  extended  to  within  ten  years  after  such  disability  is  removed. 

An  action  for  the  forcible  entiy  and  detention,  or  forcible  detention  only,  of  real  prop- 
erty, can  only  be  brought  within  two  years  aft.-r  the  cause  of  action  shall  have  accrued. 

Civil  actions  other  than  for  the  recovery  of  real  property,  can  only  be  brought  within 
the  following  poiiods  after  the  cause  of  action  shall  have  accrued  :— 

An  action  upon  a  specialty,  or  any  agreement,  contract, «or  promise  in  writing,  within 
fifteen  years  ;  upon  a  contract  not  in  writing,  express  or  implied,  an  action  upon  a  liabil- 
Ity  created  by  statute,  other  than  a  forfeiture  or  penalty,  within  six  years. 

An  action  for  trespass  upon  real  property;  f(jr  taking,  detaining,  or  injuring  personal 
property,  including  actions  for  the  specific  recovery  of  personal  property  ;  for  an  injury 
to  the  rights  of  the  plaintiff,  not  arising  on  contract,  and  not  hereinafter  enumerated  ;  for 
relief  on  the  ground  of  fraud  ;  the  cause  of  action  in  such  case  shall  not  be  deemed  to 
have  acci-ued  until  the  discovery  of  the  fraud ;  within  four  years. 

An  action  for  libel,  slander,  assault,  battery,  malicious  prosecution,  or  false  imprison- 
ment ;  an  acticm  upon  a  statute  for  a  penalty  or  forleiture,  within  one  year,  unless  a  dif- 
ferent limitation  be  prescribed  in  the  statute  giving  such  action. 

An  action  upon  the  official  bond  or  uudertiiking  of  au  executor,  administrator,  guard- 


SPECIAL    LAWS    OF    OHIO.  309 

inn,  fbnriff,  or  nny  oflior  officpr ;  or  upon  tliP  bond  or  midtrttiking  siven  in  attncliment, 
iiijunption,  nrri-st,  or  in  any  c.iso  what  vpr  riouircil  liy  statute,  ran  only  be  broiigiit 
wiMiin  fin  vf-ars  wfter  the  cause  of  action  shiill  liave  accrued ;  unless,  in  epecial  cases,  a 
diffivent  limitation ^s  presumed  l>y  atntute. 

An  action  (or  relief,  not  hereinl)erore  provided  for,  cnn  only  be  brought  within  ten 
years  after  the  cause  of  action  eball  h;ive  accrued. 

If  a  jxTfon,  entitled  to  bring  nny  action  mentioned  in  this  act,  except  for  a  penalty,  or 
forfeiture,  be,  at  the  time  the  cause  of  action  accrued,  within  the  age  of  twenty-one  years, 
a  nmrried  womnn,  insane,  or  impri"oni^d,  every  puch  pi'r*=on  shall  be  entitled  to  bring 
such  action  within  the  respective  times  limited  after  such  disability  sliall  be  removed. 

If,  when  a  cause  of  action  accrues  againFt  a  person,  he  be  out  of  the  state,  or  have  ab- 
Scnnded,  or  concealed  himself,  the  period  limited  for  tlie  commencement  of  the  action 
Bhall  not  U^'.Hn  to  run  until  he  comes  into  the  state,  or  while  he  is  so  absconded  or  con- 
cenlfd  ;  and  W,  after  tlie  canf=e  of  action  accrues,  he  depart  from  the  state,  or  abscond,  or 
conceiil  hinis'  If  th»'  time  of  his  absence  or  concealment  shall  not  bo  computed  as  any 
part  of  the  p'>riod  withhi  which  the  action  must  be  brouaht. 

Where  the  cause  of  action  has  arisen  in  another  state  or  country  between  non-resi- 
dents of  this  state,  and  by  the  laws  of  the  state  or  country  where  the  cause  of  action 
arose,  an  action  can  not  l>e  maintained  thereon  by  reason  ot  lapse  of  time,  no  action  can 
be  maintained  thereon  in  this  state. 

If  an  action  be  commenced  within  due  time,  and  a  judgment  therein  for  the  plaintitT 
be  revercoil,  or  if  the  plaintiff' fail  in  such  action  otherwise  than  upon  the  merits,  and  tbo 
time  limit>-d  for  the  same  shall  have  expired,  the  plaintilf,  or,  if  he  die  and  the  cause  of 
action  survive,  his  represontjitives  may  commence  a  new  action,  within  one  year  after 
Bueh  reversal  or  failure. 

In  any  ens*'  founded  on  contract  when  any  part  of  the  principal  or  interest  shall  have 
been  paid,  or  an  acknowledi'mfnt  of  an  existing  liability,  d<'bt.  (u-  claim,  or  any  promise 
Ut  pay  the  same,  shall  have  been  ntade  in  writing,  and  signed  l)y  the  pr.rty  to  be  charged 
th'Teby.  an  action  may  be  brought  on  such  case  within  the  period  prescribed  lor  the  same, 
after  such.pnyment,  ucknowlcdgnient,  or  promise. 


Collection  of  Debts. 

Abbest. — A  defendant  in  a  civil  action  can  be  arresttid  before  and  after  judgment  in 
the  f.illdwing  manner  only  : 

The  clerk  will  make  an  order  of  arrest  where  an  affidavit  of  the  plaintiff,  his  agent  or 
nftorney,  made  in  this  state,  is  fibd,  stJiting  the  nature  of  the  plaintilf' s  claim,  that  it  is 
just,  and  the  amount  then-of,  and  establishing  one  or  more  of  the  following  particulars: 
1st.  That  the  defendant  has  removed  or  began  to  remove  any  of  his  property  out  of  the 
juiisdiction  of  the  court  with  intent  to  defraud  his  creditors  ;  2d,  That  he  lias  pro|)eriy 
or  right  of  action  which  he  fraudulently  conceals;  3<i.  That  be  has  assisned,  rcmovedj 
or  disposed  of.  or  hiis  be^-un  to  dispose  of  liis  property,  or  a  part  thereof,  with  intent  to 
defraud  his  creditors  :  4lh.  That  he  fraudulently  contracted  the  debt  or  incurred  the  ob- 
licatiuu  for  which  tin;  suit  is  about  to  be  or  has  been  brought.  y 

ArxACHMKNT. — The  plaintift"  may,  at  or  alter  the  commencement  of  an  action,  have 
an  attachment  against  the  property  of  the  delendnnt,  upon  establishing  any  of  the  causes 
upon  which  an  order  i>f  arrest  wouUI  i-sue,  and  also  for  Ohe  or  more  of  the  folluwing 
causes  :  Ut.  When  the  dcfi-ri'tant  is  a  non-roidrnt  of  the  state  or  is  n  foreign  corpora- 
tion;  2d.  When' he  has  absconded  with  intent  to  defraud  his  creditors  ;  3(1.  When  he 
has  left  the  county  of  his  resideruc  to  avoid  the  servic*,'  of  a  summons  ;  4th.  When  he 
■o  conceals  himi<elf  that  n  sutnnuius  can  not  be  Sfivtrd  upon  him. 

An  attacbrnt-nf  can  issue  upon  an  afli  bivit  sioular  to  that  fiu'  an  order  to  arrest. 

A  wtiiten  undertjikini;  witli  security  that  the  plaiiititf  shall  pay  the  def(>ndant  all  dnina< 
ges.  if  lb.   r.rr.  -t  .,r  :,: ■;,,;. ,11.  ti  1  i .,  wrongtully  obtained,  must  first  b«!  given. 

Cr'  according  to  the  ord.r  In  which  their  attachments  issue. 

AH  ■  licks,  &c.,  may  be  attached. 

Th'  i  ged  upon  the  d»f(>ndant  giving  bail. 

No  person  is  <l,6qiin;iti.  <1  a-*  a  witness  by  reason  of  his  iiit«;rest  as  a  party  or  otherwise. 
Either  plaiotiffor  defendant  may  be  examined  as  a  witness,  either  lor  or  against  himself. 


Deeds. 

A  nrv^n-t  ,.fit.,.  ,.,.„  .„,.,■  I -.1  :..,.r.,„l  ofasenfP* 

A  '    ■»  :  be  f  igned  and  sealed  by  the  grntitors,  and  such 

signi  !>•  two'  witnessfs,  who  xhall  alteHt  such  signing 

and"         _.  .....;......  In  such  alti?»t«li<ui,  and  such  signing  and  sealing, 

nlAo  iickiii>wl<>dg«iil  by  tlt»  KrHiiiur*  Itefure  a  Judge  of  tlio  supreme  court,  of  coTunion 


310  SPECIAL    LAWS    OF    OHIO. 

plf'fls,  tiolnry  public,  a  justice  of  the  peace,  within  the  county  in  which  hfi  may  reside, 
mayor  or  other  presiding  officer  of  any  incorporated  town  or  city,  who  shall  certify  such 
i»ci?iiowlodgm(^nt  on  the  same  sheet  on  whiaii  euch  deed,  &c.,  may  be  pi  inted  or  written. 

When  a  husband  and  wife,  she  being  eighteen  years  yf  age  or  upward,  shall  execute 
within  this  state  any  deed,  &c.,  for  the  conveyance  or  incumbrance  of  the  estate  of  tho 
wife  or  her  right  of  dower  in  any  lands,  &c.,  situate  within  this  state,  such  deed,  &c., 
shall  be  6io;ned  and  sealed  by  the  husband  and  wife,  and  such  signing  and  sealing  shall 
be  att<?8tea  and  acknowledged  in  the  manner  prescribed  in  section  first;  and  in  addition 
thereto,  the  officer  before  whom  huch  acknowledgment  shall  be  made  shall  Rxamine  iho 
wife  separate  and  apart  from  her  husband,  and  shall  read  or  otherwise  make  known  to 
her  the  contents  of  such  deed,  mortgage,orother  instrument  of  writing ;  and  if,  upon  such 
separate  examination,  she  shall  declare  that  she  did  voluntarily  sign,  seal,  and>  acknowl- 
edge the  same,  and  that  she  is  still  satisfied  tht'rewith,  such  officer  shall  certify  such  ex- 
aiiiiiKiiion  and  declaration  of  the  wife,  together  with  the  acknnwlrdgment  as  aforesaid 
on  i^uch  deed,  &c.,  and  subscribe  his  name  thereto. 

All  deeds,  powers  of  attorney,  &c.,  for  the  conveyance  or  incmnbrance  of  landa, 
&c.,  situate  within  this  state,  executed  and  acknowledged  or  proved  in  any  other  state, 
territory,  or  country,  in  conformity  with  the  laws  of  such  state,  (fee,  or  of  this  state, 
shall  be  as  valid  as  if  executed  within  this  state,  in  conformity  with  this  act. 

The  governor  of  the  state  may  appoint  connnissioners  to  take  acknowledgment  of 
deeds,  depositions,  &.C.,  residing  out  of  the  state  to  convey  lands,  or  to  be  used  in  the 
state. 

Form  of  Aclotowledgment. 
State  of  Ohio,  )  „, 

Cuyahoya  County,  J     •  April  24,  1851. 

Personally  appeared  Sam  FItll  and  Mary  hit  wife,  who  acknowledged  that  they  did 
siyn  and  seal  the  foregoing  iustrumeut,  and  that  the  same  is  their  iree  art  and  deed. 

I  further  certify  that  I  did  examine  the  said  Mary  Hill  separate  and  apatl  from  her  said 
himound,  and  did  then  and  there  make  known  to  her  the  contents  of  the  forei^oing  instrument ;  and 
upon  that  cxtimination  sfte  declared  tJiat  she  did  voluntarily  siyn,  seal,  and  acknowledge  the  same, 
and  that  she  was  still  sati^ied  therewith.  (Seal.)        JOHN  ROGERS,  Notary. 


Rights  of  Married  Women." 

Tlie  interest  of  any  married  man  in  the  real  estate  of  his  wife,  and  the  interest  he  may 
have  in  any  chose  in  action,  demand,  legacy,  or  bequest  of  his  wife  unless  tho  same 
shall  have  been  reduced  to  possession,  together  with  all  articles  of  furniture  of  hers 
given  her  by  bequest  or  otherwise,  or  bought  with  her  money,  before  or  after  marriage, 
are  exempt  from  liability  for  the  husband's  debts. 

DowEB.—  A  widow  is  endowed  of  one  full  and  equal  third  part  of  all  the  lands,  tene- 
oients,  and  real  estate,  of  which  her  husband  was  seized  at  any  time  during  tlie  coverture. 


Hate  of  Interest. 

The   legal  rate  Is  six  per  cent.    On  written  agreement,  any  rate  as  high  as  ten  per 
oent    If  more  be  reserved,  the  excess  is  void. 


Wills. 

Any  person  of  full  age  and  sound  memory,  having  an  interest  in  lands,  tencmenta,  or 
hereditameirts,  or  any  annuity  or  rent  charged  upon  or  issuing  out  of  the  same,  or  any 
goods,  chattels,  rigiits,  credits,  choses  in  action  or  possession,  or  any  other  property  of 
any  description  whatever,  may  give  and  devise  the  same  to  any  person,  by  last  will  and 
testament,  lawluily  "executed. 

Every  last  will  and  testament  (except  nonrupative  wills),  shall  be  in  writing,  and 
signed  at  the  end  thereof,  by  the  party  making  tho  siwne,  or  by  some  other  person  in 
his  presence,  and  by  his  express  direction,  and  shall  oe  attested  and  subscribed  in  the 
piesence  of  such  party,  by  two  or  more  competent  witnesses,  who  saw  the  testator  sub- 
Bcrilje,  or  heard  him  acknowledge  tht;  same. 

A  verbal  will,  made  in  tiie  last  sickness,  shall  be  valid  in  respect  to  personal  estate,  if 
reduced  to  writing,  and  subscribed  by  two  competinit  disinterested  witnesses,  within 
ten  days  after  the  speaking  of  tflp  testamentary  words  ;  and  if  it  be  proved,  by  said 
witnesses,  tliat  the  testator  was  of  sound  mind  and  memory,  and  not  under  any  restraint, 
and  •>  ailed  upon  some  person  present,  at  the  time  the  testamentary  words  were  spoken. 
to  bear  testimony  to  said  disposition  as  his  will 


P»'E«  lAL     I.AU'S    OJ'     MHIIJGAN.  311 

MICHIGAiN. 

Coastitution  adopted  1850— Square  Miles  50,243— Population  in  1850,  395,579. 

"•    Exemptions. 

Thk  following  property  la  exempt  from  levy  and 
sale  under  any  execution  or  upon  any  otiier  ijiial  pro- 
cess of  a  court.  All  spinning-wheels,  weaving-looms, 
with  the  apparatus,  ami  stoves  put  up  or  kept  for  use 
in  any  dwelling-house  ;  a  seat,  pew,  or  slip,  occupied 
by  any  person  or  family,  in  any  house  or  place  of  wor- 
sliip;  alJ  cemeteries,  tombs,  and  rights  of  burial  while 
^^     >-.  ^"  ^^^  ^^  repositories  of  the  dead  ;  all  arms  and  accoa- 

?  '!'  ■  ,  ■.-■/'t'M  trements  required  by  law  to  be  kept  by  any  person  ; 
►'^'iSlSS^^J^Ia  *"  wearing  apparel  of  every  perscjn  or  family  ;  die  li- 
^JeJBM  im^vW^M  brary  and  school  books  of  every  individual  and  family, 
not  exceeding  one  hundred  and  fifty  dollars,  and  all 
family  pictures.  To  each  liouseholder,  ten  sheep  with  their  Heeces,  and  the 
yarn  or  cloth  manufactured  from  the  same;  two  cows,  five  swine,  and  provisions 
and  fuel  for  the  conifortable  sulisistence  of  such  householder  and  family  for  six 
months;  to  each  householder  all  household  goods,  furniture,  and  utensils,  not  ex- 
ceeding in  value  two  hundred  and  fifty  dollars;  a  sufficient  quantity  of  hay,  grain, 
feed,  and  roots,  for  properly  keeping  for  six  months  the  animals  exempted  aa 
aforesaid  ;  and  any  chattel  mortgage,- bill  of  sale,  or  lien,  created  on  any  property 
exempted,  except  what  is  specified  in  the  next  section,  shall  be  void  unless  the 
same  is  signed  by  the  wife. 

Tbe  tools,  implementa,  materials,  stock,  apparatus,  team,  vehicle,  horse,  har- 
ness, or  other  things,  to  enable  any  person  to  carry  on  the  profession,  trade,  occu- 
pation, or  business,  in  which  he  is  wholly  or  principally  engaged,  not  exceeding 
ut  value  two  hundred  and  fifty  dollars.* 

By  the  corstitution,  the  personal  property  of  every  reei<lent  of  this  slate,  to  con- 
sist of  such  property  only  as  shall  ha  designated  by  law,  shall  be  exempted  to  tlie 
amount  of  not  les.^  than  five  hundred  dollars,  from  sale  on  execution  or  other  final 
process  of  any  court  issued  for  the  collection  of  any  debt  contracted  after  the 
adoption  of  this  constitution,  January  1,  1851. 


Homestead-Exemption  Law. 

A  HOMESTKAD  consisting  of  any  quantity  of  land  not  exceeding  forty  acres,  and 
the  dwelling-houKC  thereon  and  its  appurtenances,  to  be  selected  by  the  owner  there- 
of, and  not  niduded  in  any^ccorde«l  town -plat,  or  city,  or  village  ;  or  instead  there- 
of, at  the  o[)tion  of  the  owner,  a  quantity  of  land  not  exceeding  in  amount  one  lot, 
being  within  a  reccjrded  town  jdat,  or  city,  or  village,  and  the  dwelling-house 
thereon  and  its  ai)partenance8^owned  and  occupied  by  any  resident  of  this  state 
Dot  exceeding  in  value  fifteen  hundred  dollars,  by  the  constitution  of  18.51),  shall 
o«t  be  subject  In  fort-ed  sale  ou  exot;ution,  or  any  other  final  process  from  a  court, 
for  any  debt  or  debts,  growing  out  of  or  founded  upon  contract,  either  express  or 
implied,  made  after  the  thinl  day  of  July,  in  the  year  of  our  Lord,  mte  thousand 
eight  hundred  and  forty-eight.  Said  homestead  is  «xen)pl  during  the  minority 
of  his. children,  and  if  no  children  but  widow,  it  shall  be  exempt,  and  rents  and 
profits  thereof  shall  accrue  to  her  during  her  wi.inwlioo*!,  unless  she  is  the  owner 
of  a  homertead  in  her  own  right — provided  cither  shall  actually  occupy  it, 

•  Tbe  property  exempiijd  In  tMt  <iivlatun,  except  mechnnlcnl  tool*,  and  tmpleinents  oi 
hnshasdry,  aru  not  exempt  fruin  execution  in  Jud|;meul  fur  purcltuae-nioney  ofine  tame 


312 


1    MISII©!.!"     ""' 


#'<:^%4^w4^'^^w4^'4'4^w<2J^ 


3M  SPEriAI.     [,A\VS    OF    MICllIOAN. 

Surh  exemption  shall  not  extend  to  any  mortgage  thereon  lawfully  obtainod 
but  such  mortgage  or  other  alienation  of  such  land  by  the  owner  thereof,  if  a  laai^ 
ru;d  man,  shall  not  be  valid  without  the  atrnature  of  the  wife  to  the  sarae.  or- 
lt«s  such  mortgage  shall  be  given  to  secure  the  payment  of  the  purchase-money 
or  some  portion  thereof. 

Whenever  a  levy  «ihall  be  made  upon  the  lands  or  tenements  of  a  householder, 
whose  homestead  has  not  been  selected  and  set  apart  by  metes  and  bounds,  such 
householder  may  notify  the  officer,  at  the  time  of  making  such  levy,  of  what  ho 
regards  as  his  homestead,  vrith  a  description  thereof,  within  the  limits  above  p.-o- 
scnbed,  and  the  remainder  alone  shall  be  subject  to  sale  under  such  levy. 

If  the  plaintiff  in  execution  shall  be  dissatisfied  with  the  quantity  of  land  se- 
lected and  set  apart  as  afi>resaid,  the  officer  makmg  the  kvy  shall  cause  the  sama 
to  be  surveyed,  beginning  at  a  point  to  be  designated  by  the  owner,  and  set  off 
tn  a  impact  form,  mclnding  the  dwelling-house  and  its  appurtenances,  the  amount 
Hpecified  m  the  first  section  of  this  act.  and  the  expense  of  naid  survey,  shall  b© 
chargeable  on  the  executbn,  and  collected  thereupon. 

After  the  survey  shall  have  been  made,  the  officer  making  tbe  levy  may  sell 
the  property  levied  upon,  and  not  included  in  the  set-off,  in  the  same  manner  aa 
provided  in  other  cases  for  the  sale  of  real  estate  on  execution ;  and  in  giving  a 
deed  of  tlie  same,  he  may  describe  it  according  to  his  original  levy,  excepting 
therefrom  by  metes  and  bounds,  according  to  the  certificate  of  the  survey,  the 
quantity  set  oft'  as  aforesaid. 

Any  person  owning  and  occupying  any  house  on  land  not  his  own,  and  claim- 
biu'  such  house  as  his  homestead,  shall  be  entitled  to  the  exemption  as  aforesaid. 

Nothing  in  this  act  shall  be  considered  as  exempting  any  real  estate  from  tax- 
vuou  or  sale  for  taxes. 


Mechanics'  Lien. 

Evert  building  shall  be  subject  to  the  payment  of  the  debts  contracted  for 
work  or  material  in  the  erection  and  construction  thereof,  when  the  building  or 
any  part  thereof,  is  constructed  under  contract  entered  into  by  the  owner  with 
any  person  to  do  work  or  furnish  materials ;  provided  such  lien  shaU  not  attach 
milesa  the  contract  is  made  in  writing  and  signed  by  the  owner  of  such  building 
f>r  by  some  person  duly  authorized  by  him,  and  recorded  in  the  registry  ofdeeda 
for  the.county  where  the  land  Kes. 

Every  person  furnishing  labor  or  materials  for  erecting  or  repairing  any  baild- 
ini,'  or  the  appurtenances  thereof  by  contract  with  the  owner  of  any  piece  of  land» 
siiall  have  a  lien  on  the  whole  piece  of  land,  not  exceeding  one  hundred  and  sixty 
aires,  for  the  amount  due  hnn  therefor ;  provided  tbe  contract  is  in  writing,  and 
signed  by  the  owner  of  the  land  or  some  one  duly  authorized  by  him,  and  re- 
corded in  the  registry  of  deeds  for  the  county  where  the  land  lies. 

The  lien  ceases  at  the  expiration  of  six  month.-?  after  the  time  when  the  money 
or  the  last  instalment  shall  become  payable,  unless  a  suit  ahall  have  been  com- 
noenced  to  enforce  such  lien  within  said  six  months. 


Chattel  Mortgages. 

Every  such  mortgage  shall  ceaBS  to  be  valid,  as  against  the  creditors  of  the 
person  making  the  same,  or  subsequent  purchasers  and  mortgages  in  pood  faith, 
afier  the  expiration  of  one  year  from  the  filing  of  the  same,  or  a  copy  thereof, 
onlees  within  thirty  days  next  preceding  the  expiration  of  the  year,  the  niort- 
p.tgee,  his  agent  or  attorney,  shall  make  and  annex  to  the  instrament  or  copy  on 
file  as  aforesaid,  an  affidavit,  setting  forth  the  interest  which  the  mortgagee  has, 
by  virtue  of  said  mortgage,  in  the  properly  therein  mentioned  ;  upon  which  affi- 
«|avit  the  township  or  ciiy-clevk  ehail  endorse  the  time  when  the  same  was 
filed ;  Provided,  That  such  affidavit  being  made  and  filed  before  any  parcbase 
of  such  mortgaged  property  shall  be  made,  or  other  mortgage  received  or  lien 
obtained  thereon  in  pood  fuith.  ehnll  be  as  valid  to  continue  in  effect  such  mort- 
gage, ns  if  the  oame  were  made  and  filed  within  the  period  as  »bove  provided. 


SFElMM.    I.  A  US    Of     MinilGAN.  315 


Law  Regulating  Contracts. 

1m  the  following  cases,  every  agreement,  contract,  and  promise,  shall  be  void, 
nnie«8  Uie  same,  or  some  note  or  memorandum  thereof,  be  in  writing,  and  signed 
by  the  party  to  be  charged  therewith,  or  by  some  person  thereunto  by  him  law- 
fully authorized  : — 

1.  Every  agreement  that,  by  its  terms,  is  not  to  be  performed  in  one  year  from 
the  making  thereof.  2.  Every  special  promise  to  answer  for  the  debt,  default,  or 
misdoings  of  another  person.  3.  Every  agreement,  promise,  or  undertaking,  made 
ayton  conBideralion  of  marriage,  except  mutual  promises  to  marry.  4.  Every 
s[)ccial  promise  made  by  an  executor  or  administrator  to  answer  damages  out  of 
bis  own  estate. 

No  contract  for  the  sale  of  any  goods,  wares,  or  merchandise,  for  the  price  of 
fifty  dollars  or  more,  shall  be  good  or  valid,  unless  the  purchaser  shall  accept  nnd 
t  jceive  part  of  the  goods  so  sold,  or  shall  give  something  in  earnest  to  bind  the 
bt-rgain,  or  in  part  payment,  or  utiless  some  note  or  memorandum  in  writing  of 
the  bargain  be  n)ade  and  signed  by  the  party  to  be  charged  thereby  or  by  some 
jjerson  thereunto  by  him  lawfully  authorized. 

No  action  sh.-ill  be  broujiht  to  charge  any  person  upon  or  byTeason  of  any  favor- 
able repre«;ntation  or  assurance  made  concerning  the  character,  conduct,  credit, 
ability,  trade,  or  dealings,  of  any  other  person,  unless  such  representation  or  as- 
surance be  made  in  writing,  and  signed  by  the  party  to  be  charged  thereby,  or 
by  some  person  thereunto  by  him  lawfully  authorized. 

'  The  consideration  need   not  be  expressed   in  such  written  contract,  note,  or 
memorandum. 


Limitation  of  Actions. 

Thk  following  actions  mu.st  be  brought  within  six  years  after  the  cause  of 
action  accrues : — 

1.  All  actions  of  debt,  founder!  upon  any  contract  or  liability  not  under  seal, 
except  such  as  are  brought  upon  the  judgment  or  decree  of  some  court  of  record 
of  the  United  Slates,  or  of  this  or  of  some  other  of  the  United  States.  2.  All 
actii)nfl  upon  judgments  rendered  in  any  court  other  than  those  above  excepted. 
3.  All  actions  for  arrears  of  rent.  '4.  All  actions  of  assumpsit  or  upon  llie  case, 
fimnded  on  any  contract  or  liability,  expr'^ss  or  implied.  5.  All  actions  of  waste. 
6.  All  ariitjiis  of  r»'pl(!vin  and  trover,  and  all  other  actions  for  taking,  detaining,  or 
injurin»f,  goods  or  chattels.  7.  All  other  actions  on  the  case,  except  actions  for 
slanderous  won  Is  r)r  for  libels. 

All  actions  for  trenpass  upon  land,  or  for  nssnnit  and  battery,  and  for  false  im- 
pristuioient,  and  slanderous  words  and  libels,  shall  be  commenced  within  two 
years. 

All  f»en»nal  actions  upon  other  contracts  must  be  brought  within  ten  years,  and 
Dot  after. 

Infants,  femme  covertn,  penmns  insane,  imprisoned,  or  absent  from  the  United 
Stales,  at  tlwj  time  any  caum>  of  action  accrues  on  their  behnlf,  may  hr'mc.  the 
same  within  the  limes  respectively  limited  after  the  removal  of  th<.ir  disability. 
The  ff)ref?oin«  limitations  do  not  apply  to  bills  or  notes  issued  by  a  bank. 
Ill  roses  of  mutual  account,  the  cause  of  action  shall  be  deemed  to  have  ac- 
crut'd  at  the  lime  of  tlie  Inst  item  proved. 

When  any  person  is  absent  from  the  state  at  the  time  a  cause  of  action  accmet 
agaiiial  him.  or  suimc'lucntly  leaves  the  state,  such  [leriod  of  absence  is  not  to  be 
computed. 

In  actions  n|Kin  any  contract,  no  pr^jmiw  or  acknowleJtgment  nhnll  take  a  cawj 
out  of  llie  operation  of  the  statute,  unUjss  the  same  is  made  or  contained  by  or  in 
•ome  wrilinjr.;  nor  ran  one  of  two  or  more  joint  contractors  or  executors  deprive 
Uwi  other  of  ihe  benefit  of  the  statute,  by  any  written  ncKnowledifmcnl 


316  SPECIAL    LAWS    OF    MICHIGAN. 

Collection  of  Debts. 

Arkkst — No  person  shall  be  arrested  on  demand  arising  ont  of  cont»act,  ox- 
cepl  promises  to  marry,  or  for  moneys  collected  by  any  pul)lic  officer,  or  for  any 
misconduct  or  neglect  in  office  or  in  any  professional  employment,  auless  satisfitc- 
tory  evidence  is  adduced  by  the  affidavit  of  the  plaintiff"  or  some  other  person,  that 
th.>re  is  a  debt  due  the  plaintiff  from  the  defendant,  specifying  the  nature  and 
amount  thereof  as  near  as  may  be,  for  which  the  defendant  can  not  be  arrested, 
and  establishing — 

1.  That  the  defendant  is  about  to  remove  any  of  his  property  out  of  the  juris- 
diction of  the  court  in  which  suit  is  brought,  with  intent  to  defraud  his  creditors  ; 
or,  2.  That  the  defendant  has  property,  or  rights  in  action,  or  some  interest  in  any 
public  or  corporate  stock,  money,  or  evidence  of  debt,  which  he  unjustly  refuses 
to  apply  to  the  payment  of  such  judgment  or  decree  as  shall  have  been  rendered 
agiiinst  him,  or  which  he  fraudulently  conceals ;  3.  That  he  has  assigned,  re- 
►  moved,  or  disposed  of,  or  is  about  to  dispose  of,  any  of  his  property  or  rights  in  ac- 
tion, with  the  intent  to  defraud  his  creditors;  or,  4.  That  the  defendant  fraudu- 
lently contracted  the  debt  or  incurred  the  obligation  respecting  which  suit  is 
brought. 

Attachmknt. — Upon  an  affidavit  being  made  by  the  creditor  or  some  person 
in  his  behalf,  stating  that  the  defendant  is  justly  indebted  to  the  creditor  in  a  sura 
therein  mentioned  according  to  the  belief  of  the  deponent,  and  being  more  than 
one  hundred  dollars,  and  that  the  same  is  due  upon  a  contract,  express  or  implied, 
or  a  judgment  rendered  on  such  contract ;  and  further,  that,  deponent  knows  or 
has  good  reason  to  believe,  either — 

1.  That  the  defendant  has  absconded,  or  is  about  to  abscond,  from  this  state,  or 
that  he  is  concealed  therein  to  the  injury  of  his  creditors  ;  2.  That  defendant  has 
assigned,  disposed  of.  or  concealed,  or  is  about  to  assign,  dispose  of,  or  conceal, 
any  of  his  properly,  with  intent  to  defraud  his  creditors;  3.  That  defendant  has 
removed,  or  is  about  to  remove,  any  of  his  property  out  of  this  state,  with  intent 
to  defraud  his  creditors  ;  4.  That  he  fraudulently  contracted  the  debt,  or  incurred 
the  obligation,  respecting  which,  suit  is  brought ;  5.  That  the  defendant  does  not 
reside  in  this  state,  an-i  lias  not  resided  therein  for  three  months  immediately  pre- 
ceding the  time  of  making  application  for  such  attachment ;  or,  6.  That  defend- 
ant is  a  foreign  corporation. 

The  clerk  of  the  circuit  court  shall  issue  an  attachment  against  the  goods,  chat- 
tels, lands,  tenements,  riglits,  credits,  moneys,  and  effects,  of  the  defendant. 


Deeds. 

Conveyances  of  lands,  or  of  any  esja»e  or  interest  therein,  may  be  made  by  deeds, 
figned  and  sealed  by  the  person  from  whom  the  estate  or  interest  is  intended  to  pass, 
being  of  lawful  age,  or  by  his  lawful  agent  or  attorney,  and  acknowledged  or  proved  and 
recorded  as  directed  (below),  without  any  other  act  or  ceremony  whatever. 

A  husband  and  wife  may,  by  their  joint  deed,  convey  the  real  estate  of  the  wife,  in  like 
manner  as  she  might  do  by  her  separate  deed,  if  she  were  unmarried ;  but  the  wife  shall 
not  be  bound  by  any  covenant  contained  in  such  joint  deed. 

Deeds  executed  within  this  state,  of  lands,  or  any  inte~^8t  in  lands  therein,  shall  be 
executed  in  the  presence  of  two  witnesses,  who  shall  subsci  Ibe  their  names  to  the  same 
fl^  such,  and  the  persons  executing  such  deeds  may  acknowledge  the  execution  thereof 
before  any  judge  or  commissioner  of  a  court  of  record,  or  before  any  notary  public, 
justice  of  the  peace,  or  master  in  chancery  within  the  state,  and  the  officer  taking  such 
acknowledgment,  shall  endorse  thereon  a  certificate  of  the  acknowledgment,  and  the 
time  and  date  of  making  tlie  same,  under  his  hand. 

If  any  such  deed  shall  be  executed  in  any  other  state,  territory,  or  district,  of  the  Uni- 
ted States,  such  deed  may  be  executed  according  to  the  laws  of  such  state,  territory,  or 
district,  and  the  execution  thereof  may  be  acknowledged  before  any  judge  of  a  court 
of  record,  notary  public,  justice  of  the  peace,  master  in  chancery,  or  other  officer  au- 
thorized by  the  laws  of  such  state,  territory,  or  district,  to  take  the  acknowledgment 
of  deeds  therein,  or  before  any  commissioner  appointed  by  the  governor  of  this  state 
for  such  purpose. 


SPECIAL    LAWS    OF    MICHIGAN.  317 

In  the  cnses  provided  for  in  the  last  pre  ceding  pection,  unless  the  ackuowledgmctit  D€ 
taken  before  a  commissioner  app<jinted  by  the  governor  of  this  stixte  for  that  purjiose, 
Biich  deed  shall  have  attached  thereto  a  certificate  of  the  clerk,  or  other  proper  certify 
lug  officer  of  a  court  of  record  of  the  county  or  district  within  which  such  acknowl- 
edgment was  taken,  under  the  seal  of  his  office,  that  the  person  whose  name  is  eiib- 
Bcribed  to'the  certificate  of  acknowledjrment  was  at  the  date  thereof,  such  officer  as  he 
is  therein  represented  to  be,  tliat  he  believes  the  signature  of  such  person  subscribed 
thereto  6^  be  genuine,  and  that  the  deed  is  executed  and  acknowledged  according  to  the 
laws  of  such  stale,  territory,  or  district. 

It'  auch  deed  be  executed  in  any  foreign  country  it  may  be  executed  according  to  the 
laws  of  such  country,  and  the  execution  thereof  may  be  acknowledged  bef(jre  any  no- 
tary public  therein,  or  before  any  minister  plenipotentiary,  minister  extraordinary,  min- 
ister refiident,  charge  d'affaires,  commissioner,  or  consul  of  the  United  States,  appointed 
to  reside  therein  ;  which  acknowledgment  shall  be  certified  thereon  by  the  officer  taking 
the  same,  under  his  hand,  and  if  taken  before  a  notary  public,  his  seal  of  office  shall  be 
affixed  to  such  certificate. 

When  any  married  woman  residing  in  this  state,  shall  join  with  her  husband  in  a 
deed  of  conveyance  of  real  estate,  situate  within  this  state,  the  acknowledgment  of  the 
wife  shall  be  taken  separately,  and  apart  from  her  husband,  and  she  shall  acknowledge 
that  she  executed  such  deed  freely  and  without  any  fear  or  compydsion  from  any  one. 

When  any  marrifd  woman  not  residing  in  this  state,  shall  join  with  her  husband  in 
any  conveyance  of  real  estate,  situate  within  this  state,  the  conveyance  shall  have  the 
same  effect  as  if  she  were  sole,  and  the  acknowledgment  or  proof  of  the  execution  of 
Buch  conveyance  by  her,  may  be  the  same  as  if  she  were  sole. 

Deeds  must  be  recorded  by  the  register  of  deeds  in  the  county  where  the  lands  lie.  A 
Bcrawl  of  the  pen  may  be  used  as  a  seal. 

Furm  of  Acknowledgmeitt, 
Slate  of  Michigan,  ) 

■  Coiiniy  of  Wayne,  )  • 
Be  }i  rcintriliered,  that  on  this  eighteenth  day  of  March,  one  thousand  eight  hundred  and 
fifty-one,  l)»'tore  (ne,  JoriN  JoNKs,  a  notary  public  in  and  for  said  county,  personally  came  the 
abtne  (ur  within)  named  Joii.v  Doe,  and  Susan  Doe  his  Ihife,  known  to  me  to  l)e  the  persona 
whii  exeruied  \\\t'  foretjointj  instrument,  and  acknowledged  Jhe  sanie  to  be  their  frtse  act  and 
dec(f  ;  and  the  unid  .Sl'sa.m,  itnfe  of  the  said  John  DoE.  on  a  private  examination,  he/ore  me,  sejt. 
urate  and  ajMirt  from  her  mid  husband,  acknoioledged  thai  the  executed  the  same  freely,  and  with- 
out any  fear  or  com  pulrion  from  any  one. 

(ScU  of  OJJicer.)  JOHN  JONES,  Notary  Public 


Rights  of  Married  Women. 

All  j>rnpprty  acquired  by  any  female  before  mnrriftge,  or  to  which  she  may  beentiib-d 
afterward,  continues  her  sepnrate  property,  and  i«  not  liable  for  her  husband's  debtn, 
but  is  linbl.'  for  her  own  debts  contracted  l>efore  nmrriage. 

Tborwd  and  personal  estate  of  every  female  ncquin?d  before  mnrringe,  and  all  prop. 
eity  to  which  she  mnv  afterward  become  entitled  l.y  gift,  grant,  inheritance,  or  d<vi>=e, 
sIkiII  be  and  remain  the  ebtate  and  property  of  such  female,  and  shall  not  be  liable  (or 
the  d.bts,  obligatiuns,  or  engngements,  of  her  husband,  and  may  bo  devised  and  be- 
qupiirb<  (i  by  her,  and  may  be  <'ontriicted,  sold,  transferred,  mortgaged,  and  conveyed 
In  like  m»inn<T  as  if  she  w<re  unmarried. 

Actions  may  be  bronaht  by  and  against  a  married  woman  in  relation  to  bor  sole  prop- 
Ttv  in  the  sitme  manner  as  if  she  were  unmarried.  The  husband  is  not  liable  to  be 
d  iipon  any  contract  miide  by  his  wife  relating  to  her  sole  property. 

l)owKR — Ihe  wife  is  eniiiled  to  dower  in  nil  lands  of  which  her  husband  was  seized 
ui  an  ef!-i!e  <.t  inheritj.nee  during  coverture,  if  not  released  by  her. 


Rate  of  Interest. 

Thr  legal  rate  i«  seven  per  cent.,  with  periniseion  to  agree  upon  any  rate  not  higher 
tJinn  t»n  per  cent,  for  a  loan  of  money.     Contracts  arc  only  void  lor  the  excess  bi-yond 

tliiH  ri.ti'. 


Wills. 


WiLtf  must  he  in  wrlttnar,  dubscribcd  by  the  testator,  or  by  some  person  In  his  pres- 
ence and  by  bin  rxprefn*  direction,  attented  and  subscribed  in  the  presence  of  the  le«la. 
tor  by  two  or  more  conapcteiit  witnussea. 

21* 


"^^  C^JplO  D^WO  DJII^  C^^ 


319 


320  SPECIAL    LAWS    OP    INDIANA. 

INDIANA. 

Constitution  adopted,  1851.— Square  Miles,  33,809.— Population  in  1850,  988,476 

Household  and  Homestead  Exemptions. 

1.  An  amount  of  propprty  not  exceeding  in  value'  three 
hundred  dollars,  owned  by  any  resident  householdci-,  shall 
not  be  liable  to  sale  on  execution  or  any  other  final  i)roce93 
from  a  court,  for  any  debt  erowdng  out  of  or  founded  upon 
contract,  express  or  implied,  after  the  fourth  of  July,  1852. 

2.  The  said  property  may  be  real  or  personal,  or  both,  aa 
the  debtor  may  elect. 

3.  No  mortgage  or  sale  of  any  real  estate  exempted  under 
the  provibions  of  this  act,  shall  be  valid,  if  execHted  by  a 
married  man,  unless  the  deed  be  acknowledged  by  the  wife 
in  due  form  of  law. 

4.  Such  exemption  shall  rot  affect  any  laborer's  or  mo- 
chanic's  lien,  nor  lien  for  purchased  money  of  real  estate 
exempted  under  this  act. 

5.  For  the  appraisement  of  any  property  to  be  exempted  under  the  provisions  of  this 
Bct,  two  disinterested  householders  of  the  neighborhood  shall  be  chosen,  one  by  the  plain- 
titf,  his  agent,  or  attorney,  and  one  by  the  execution  debtor,  and  these  two  in  cases  of 
disagreement,  shall  select  a  third  ;  and  in  case  either  party  fails  to  select  an  appraiser,  the 
same  shall  be  selected  by  the  officer  holding  the  execution. 

6.  Such  appraisers  shall  proceed  forthwith  to  make  a  schedule  of  the  real  and  per- 
sona! property  selected  by  the  debtor,  describing  the  real  estate  by  metes  and  bounds,  and 
the  personal  property  by  separate  items,  affixing  to  each  the  value  they  agree  upon ;  and 
they,  or  a  majority  of  them,  shall  affix  to  the  schedule  so  made  an  affidavit  in  substance 
as  follows:  "We  the  undersigned,  swear  that  in  our  opinion,  the  above  is  a  just  cash 
valuation  of  the  jjroperty  therein  described." 

7.  Such  schedule  shall  be  delivered  t(j  the  officer  holding  the  execution  or  other  pro- 
cess, and  shall  be  by  him  returned  with  such  execution,  or  other  process,  and  made  part 
of  such  return. 

8.  Each  appraiser,  for  his  services,  shall  be  allowed  the  sum  of  fifty  cents  to  be  paid  by 
the  execution  debtor. 

9.  If  any  execution  debtor  shall  claim  property  as  exempted  by  virtue  of  this  act,  ha 
shall  elect  whether  he  will  claim  personal  or  real  property,  or  both,  and  shall  designate 
the  property  so  claimed. 

10.  If  such  claim  uiclude  personal  property  only,  the  officer  holding  such  execution 
shall  cause  the  same  to  he  appraised  and  set  apart  to  the  debtor,  and  shall  proceed  to  se! 
such  other  property,  if  any,  as  may  be  liable  to  said  writ,  according  to  law. 

11.  If  any  such  claim  inclitde  both  personal  and  real  property,  the  officer  shall  proceed 
to  have  such  personal  property  valued  and  shall  set  the  same  apart  to  the  debtor ;  he 
shall  then  cause  the  real  property  claimed  as  aforesaid  to  be  valued  ;  and  if  the  same  to- 
gether with  the  personal  property  set  apart,  shall  exceed  three  hundred  dollars,  the  debt- 
or shall  within  sixty  days  thereafter,  pay  such  excess,  or  enough  to  satisfy  the  execution , 
and  if  lie  fail  to  do  so,  the  officer  shall  proceed  to  sell  the  same  as  other  lands  are  sola  on 
execution  if  his  writ  shall  authorize  the  sale  of  real  property  ;  but  making  such  sale,  he 
shall  receive  no  bid  therefor,  unless  it  exceed  the  difference  between  three  hundred 
dollars  and  the  personal  property  so  valued  and  set  apart ;  and  if  he  shall  sell  ^id  prop- 
erty, Jie  shall  pay  over  to  the  debtor  the  amount  of  said  difference,  and  apply  so  much  of 
the  remainder  on  the  execution  as  shall  satisfy  the  same,  and  the  overplus,  if  any  shull 
be  paid  to  the  debtor  or  other  party  having  the  next  right. 

12.  If  the  claim  include  real  property  only,  the  same  shall  be  valued,  and  if  it  exceed 
three  hundred  dollars,  it  shall  be  dealt  with  as  is  specified  in  respect  to  real  property  iu 
tlie  last  preceding  section. 

13.  In  all  cases  in  which  real  property  is  sought  to  be  exempted  from  sale  on  execution 
if  such  real  property  is  susceptible  of  division  by  metes  and  bounds,  without  material  in- 
jury thereto,  it  shall  be  so  divided  as  to  exempt  the  principal  dwelling-house  or  home- 
stead of  the  debtor. 

14.  Nothiftg  in  this  act  shall  be  considered  as  exempting  any  property  from  taxation  or 
from  gale  for  taxes.  '    - 

Only  one  hundred  and  twenty-five  dollai  s'  worth  of  property  is  exempt  from  execj 
tion  for  debts  contracted  before  July  4rh,  18.")2. 

For  MECHANICS'  LIEN,  see  page  32i 


SPECIAL     LAWS    OF    liNULVNA.       ''  321 


Chattel  Mortgages. 

No  assignment  of  eoods  and  chattels,  by  way  of  mortgage  or  security,  or  up- 
on any  fondiiion  whatever,  shall  be  valid  against  any  other  person  than  the 
parties  thereto,  where  the  possession  of  such  goods  and  chattels  is  not  delivered 
to  the  mortgagee  or  assignee,  and  retained  by  him,  unless  such  assignment  shnll 
be  proverl  or  acknowledged  as  provided  in  cases  of  deeds  of  conveyance,  and 
recorded  in  the  recorder's  office  of  the  county  where  tlie  mortgager  or  assignor 
resides,  within  ten  days  after  the  execution  thereof. 


Law  regulating  Contracts. 

No  action  shall  be  bronght — 

I.  To  charge  an  executor  or  administrator,  upon  a  special  prumise.  to  answer 
damages  out  of  his  own  estate  ;  or — 

'2.  To  charge  any  person,  upon  any  special  promise,  to  answer  for  the  debt,  de- 
fault, or  miscarriage,  of  another  ;  or — 

3.  To  charge  any  person  upon  any  agreement  or  promise  made  in  considers 
don  of  marriape ;  or — 

4.  To  charge  any  person  upon  any  contract  for  the  sale  of  lands,  tenements,  oi 
hereditaments,  or  any  interest  in  or  concerning  them  ;  or — 

5.  Upon  any  agreement  that  is  not  to  be  performed  within  one  year  from  tho 
mnkintf  thereof;  unless  the  promise,  contract,  or  agreement,  upon  which  such 
action  sIihII  be  brought,  or  some  memorandum  or  note  thereof,  shall  be  in  writing, 
and  signed  by  the  party  to  be'charged  therewith,  or  by  some  perpon  there- 
unto by  him  lawfully  authorized,  excepting  leases  not  exceeding  the  term  of 
three  years. 

The  consideration  need  not  be  expressed  in  the  writing. 

No  action  shall  be  maintained  to  charge  any  person  upon  or  by  reason  of  any 
representation  or  assurance  made  concerning  the  character,  conduct,  credit,  ability, 
trade,  or  dealings,  of  any  other  person,  when  such  action  is  brought  by  the  person 
to  whom  such  representation  or  assurance  was  made,  unless  such  representation 
or  aMurance  be  made  in  writing,  and  si»;ned  by  the  party  to  be  charged  thereby, 
or  by  some  person  thereunto  by  him  lawfully  authorized 

No  contract  for  the  sale  of  any  goo<l8,  wares,  or  merchandise,  fiir  the  price  of 
fifty  dollars  or  more,  shall  be  good  or  valid,  unless  the  purchaser  shall  accept  and 
receive  part  of  such  property  so  sold,  or  shall  give  something  in  earnest  to  bind 
the  bargain  or  in  part  payment,  or  unless  sorao  note  or  memorandum  in  writing 
of  the  bargain  be  made  and  signed  by  the  party  to  be  charged  thereby,  or  by 
•ome  person  tliereonto  by  him  lawfully  authorized. 


Limitation  of  Actions. 

Actions  on  accounts  and  contracts  not  in  writing;  for  use,  rents,  and  profits  of 
real  property;  for  injuries  to  property,  damages  tor  any  detention  thereof,  and 
for  recovering  the  [Mipnession  of  pergonal  j)ropertj^  and  for  relief  against  trinnis, 
lUDHt  be  rommeiiced  within  six  years  after  the  cause  of  action  has  accrued  Als", 
an  arfion  Mg^ninat  an  officfjr,  or  his  legal  representatives,  for  money  collected  in  an 
ofBii  '  Mini  not  paid  over,  must  be  brought  within  six  years. 

A  /--ifs  to  person  or  character,  and  for  a  forfeiture  or  penalty  given 

by  s  *p  cnninirnrtd  within  two  years 

A  Diiltlif  ofllcer.  or  npninst  such  nffieer  and  his  sureties 

on  :i  ,,(a  liability  incurred  by  doing  an  act  in  an  ollicinl 

CM[!(  _  ■  I  an  official  duly,  must  be  coinmcnced  within  three 

3.,-ur«.  ' 


322  *^        SPECIAL   LAWS   OF   LXDIAxNA. 

Actions  for  the  recovery  of  real  property  sold  on  execution,  brought  by  the  exo 
cution  debtor,  his  heir,  or  any  person  claiming  under  him  by  title  acquired  after  the 
date  of  the  judgment,  must  be  commenced  within  ten  years  after  the  sale. 

Actions  for  the  recovery  of  real  property  sold  by  execution,  administrators, 
guardians,  or  commissioners  of  a  court,  before  a  judgment  specially  directing  the 
•Bale  of  property  sought  to  be  recovered,  brought  by  a  party  to  the  judgment,  his 
lieirs,  or  any  person  claiming  a  title  under  a  party,  acquired  after  the  dp.te  of  the 
judgment  must  he  commenced  within  five  years  after  the  sale  is  confirmed. 

Actions  upon  contracts  in  writing,  judgments  of  a  court  of  record,  and  for  tho 
recovery  of  the  possession  of  real  estate,  must  be  commenced  within  twenty  years. 

All  actions  not  limited  by  any  other  statute,  shall  be  brought  within  fifteen  years. 

In  an  action  brought  to  recover  a  balance  due  upon  a  mutual,  open,  and  cur- 
rent account  betweAi  the  parties,  the  cause  of  action  shall  be  deemed  to  have  ac- 
crued from  the  date  of  the  last  item  proved  in  the  account  on  either  side. 

A  party  to  any  action  may  plead  as  reply  a  set-off  as  payment  to  ihe  amount 
of  any  cause  of  action  or  defence,  notwithstanding  such  set-off  or  payment  is 
barred  by  the  statute. 

Any  person  being  under  legal  disabilities  when  the  cause  of  action  accrues 
may  bring  his  action  within  tv/o  years  after  the  disability  is  removed. 

The  time  during  which  the  defeudant  is  a  non-resident  of  the  state,  or  absent 
on  public  business,  shall  not  be  computed  in  any  of  the  periods  of  limitation. 


Collection  of  Debts. 

Arrest. — Actions  brought  for  the  recoveij  of  any  debt,  or  for  damages  only, 
may  be  commenced  either  by  the  issuing  of  a  capias  ad  respondendum  or  by  a 
Bunnnons. 

Special  bail  shall  not  be  required  in  any  case  until  the  plaintiff,  his  agent  or 
attorney-at-law,  shall  make  and  file,  with  the  clerk  or  court  where  suit  is  insti- 
tuted, an  affidavit  specifying  the  plaintiff's  rights  to  recover  an  existing  debt  or 
damages  from  the  defendant,  and  also  stating  that  he  believes  the  defendant  is 
about  to  leave  the  state  of  Indiana,  taking  with  him  property  subject  to  execu- 
tion, or  money  or  effects  which  should  be  applied  to  the  payment  of  the  plaintiffa 
debt  or  damages,  with  intent  to  defraud  said  plaintiff. 

No  capias  ad  respondendum  shall  be  delivered  to  any  officer  to  be  executed 
until  an  order  for  gpecial  bail  has  been  obtained  and  endorsed  on  such  writ. 

Attachment. — The  real  and  personal  property  of  a  debtor,  being  an  inhabit- 
ant of  this  state,  may  be  attached  for  the  payment  of  bis  debts,  whenever  such 
debtor  shall  be  secretly  leaving  the  state,  or  shall  have  left  the  state,  with  intent 
to  defraud  h'is  creditors,  or  to  avoid  the  service  of  civil  process,  or  shall  keep  him- 
self concealed  so  that  process  can  not  be  served  upon  him,  with  intent  to  delay 
or  defraud  his  creditors. 

No  writ  of  attachment  shall  issue  against  any  debtor  while  the  wife  and  family 
of  such  debtor  shall  be  and  remain  bonajide  settled  within  the  county  where  his 
usual  place  of  residence  may  have  been  prior  to  his  absence,  if  such  debtor  shall 
not  continue  absent  from  the  state  more  than  one  year  after  he  shall  have  absented 
himself,  unless  an  attempt  sliall  be  made  to  conceal  such  debtor's  absence,  or  un- 
less such  debtor  shall  be  sec!R;tly  transferring,  conveying,  or  removing  his  prop- 
erty or  effects,  by  which  the  payment  of  his  debts  may  be  evaded. 

If  tlie  wife  or  family  of  such  debtor  shall  refuse  to  give  an  account  of  the  cause 
of  his  absence,  or  of  the  place  where  he  may  be,  or  shall  give  a  false  account  of 
either,  or  shall  be  unab'e  to  account  for  his  ab.sence,  or  to  tell  where  he  may  be 
found,  such  refu.sal,  false  accounts,  or  inability  to  account  for  his  ab.sence,  or  to  tell 
where  he  may  be  found,  shall  be  deemed  and  consuued  an  attempt  to  conceal  liifl 
absence. 


SPECIAL    LAWS    OF    INDIANA.  323 


Deeds. 

A  BCRAWL  of  the  pen  may  be  xtmed  fur  a  seal. 

To  entitle  any  deed,  conveyance,  mortgage,  or  instmment  in  writing,  to  b« 
recorded,  it  shall  be  acknowle«lired  by  the  party  or  [tarties  executing  the  same, 
or  shall  be  proved  by  a  subscribing  witness  thereto,  Ac,  before  any  judge  or 
clerk  of  a  court  ot  record,  justice  of  the  peace,  recorder,  notary  public,  or 
mayor  of  a  city,  within  this  state,  or  before  any  judge  of  a  supreme  or  circuit 
court  or  court  of  common  pleas,  justice  of  the  peace,  or  mayor  or  recorder  of  a 
city,  or  notary  public  of  any  other  state,  or  before  any  commissioner  appointed  by 
the  governor  of  this  state  in  another  state  for  such  purpose,  or  before  any  minister 
charge  d'affaires,  or  consul  of  the  United  States,  in  any  foreign  country. 

Form  of  Acknowledgment, 

State  of  Indiana,  >  to  wit- 

County  of  Hanison,  \  «>  ^»t- 

Be  it  remembered,  that  on  this  tenth  day  of  October,  one  thousand  eight  hun- 
dred and  ffty,  before  me,  John  Jones,  a  notary  piih/ic  in  and  for  said  county, 
personally  appeared  John  Doe  and  Susan  his  wife,  and  severally  acknowl- 
edged the  foregoing  instrument  to  be  their  act  and  deed  ;  and  the  said  Susan,  on 
a  private  examination,  separate  and  apart  from  and  vtthout  tJte  hearing  of  her 
husband,  I  having  first  freely  made  knoicn  to  her  the  contents  and  purport 
thereof,  acknowledged  to  me  that  she  executed  the  some  of  her  aim  free  will  and 
accord,  and  without  any  coercion  or  compulsion  from  her  said  husband. 

Witness  my  hand  and  notarial  seal  of  office,  the  day  and  year  first  above 
written. 

f  Seal. J    JOHN  JONES,  Notary  Public. 

The  acknowledgment  of  the  execution  of  any  deed  or  conveyance  by  which  a 
married  woman  releases  her  dower  in  any  lands  conveyed  or  assigned  by  her 
hasband.  or  by  which  the  husband  and  wife  convey  the  real  estate  of  the  wife, 
may  be  taken  before  any  otticor  herein  aTithorized  to  take  the  acknowledgment 
of  deeds  ;  but  such  officer  shall  first  make  known  to  her  the  contents  and  purport 
of  such  deed  or  conveyance,  and  she  acknowledge  on  a  private  examination, 
■eparate  and  apart  from,  and  witlwut  the  hearing  of  her  husband,  that  she  exe- 
cuted such  deed  or  conveyance  of  her  own  free  will  and  accord,  and  without  any 
coercion  or  compulsion  from  her  husband  ;  all  of  which  shall  be  certified  by  such 
officer  in  his  certificate  of  such  acknowledgment. 

Without  such  acknowledgment  and  certificate,  her  dower  will  not  be  barred, 
nor  her  interest  conveyed. 

The  deed  must  be  recorded  in  the  county  wtiere  the  land  is  situate,  vrithin 
ninety  days.     It  is  better  to  record  it  at  once. 


Rights  of  Married  Women. 

No  real  estate  whereof  any  married  woman  was  or  may  be  seized  or  othr'r 
wise  entitle<l  to,  at  the  time  of  her  marriaere,  or  which  she  has  or  may  fairly 
acquire  during  her  coverture,  or  any  interest  therein,  shall  be  liable  for  the  debts 
of  hfjr  husband  ;  but  the  same,  and  all  inlereet  therein,  and  all  rents  and  profits 
trinini?  thprcfn)m,  shall  be  deemed  and  taken  to  be  her  separate  proj)erty,  free 
and  clear  from  any  and  all  claim  or  claims  of  the  creditors  or  legal  rcprcsentutivos 
of  her  hucband.  as  fully  as  if  she  had  never  been  married  ;  provided  this  law 
shall  not  be  »o  rjinstrucd  as  to  npply  to  debts  contracted  by  such  married  woman 
before  such  marriage,  but  in  all  caHcs  her  suid  prij|)crty  shaU  be  first  liable  tht-ro- 
br. 

DowKR.— The  widow  shall  Ihj  endowed  of  one  full  and  equal  third  part  of  al 


324  SPECIAL    LAWS    Ol-     INDIANA. 

the  lands  tlie  legal  title  to  which  was  in  her  husband,  or  in  any  pe-son  to  and  for 
his  use  and  benefit  at  any  time  during  the  coverture,  unless  such  right  of  dowel 
r.a&  been  legally  barred. 

Rate  of  Interest. 

The  legal  rate  of  interest  is  six  per  cent.  Usurious  interest  can  not  be  recov- 
ered ;  and  if  paid,  may  be  recovered  back,  but  usury  does  not  render  the  enliro 
contract  void. 


Wills. 

These  must  be  in  writing,  and  signed  by  the  testator,  or  by  some  person  in  \m 
presence  and  by  his  express  direction,  and  attested  and  subscribed  in  the  pies- 
ence  of  the  testator  bv  two  or  mm-p  r^nmnf  frf^it.  witnooo^a 


ence  of  the  testator  by  two  or  more  competent  witnesses. 
For  form  of  attestation,  see  page  163 


Mechanics  Lien. 

Mechanics,  and  h11  persons  perfonning  Inbor,  or  furnisliing  materials  for  the  con- 
struction or  repair  of  iiny  building',  or  who  may  have  furniybed  any  engine  or  other  idh- 
chinery  tor  Hny  mill,  disiillery,  or  other  iniinulactory,  mny  have  a  lien  separately  or 
jointly  upon  tfie  i)uilding  which  they  may  have  constructed  or  repaired,  or  upon  niiy 
building,  mill,  distillery,  or  other  manufactory,  for  which  they  may  have  furnished  niu. 
terials  ot  any  description,  and  on  ttie  interest  of  the  owner  in  the  lot  or  land  on  which  it 
Btsmds,  to  the  extent  ot  the  value  of  any  labor  done,  or  materials  furnished,  or  for  both 

The  provisions  of  this  act  shall  only  extend  to  work  done,  or  materials  furnished  oii 
new  buildings,  or  to  a  contract  entered  into  with  the  owner  of  any  building,  for  repairs'  or 
to  the  engine  or  other  machinery  furnished  for  any  mill,  distillery,  or  otherl manufactory 
unless  turnished  to  the  owner  of  the  land  on  which  the  same  may  be  situate,  and  not  to 
any  contract  made  with  the  tenant,  except  only  to  the  extent  of  his  interest. 

Any  sub-contractor,  journeyman,  or  laborer,  employed  in  the  construction,  or  repair, 
or  furnishing  materials,  for  any  building,  may  give  to  the  owner  thereof  notice  in  writin<^, 
particularly  setting  forth  the  amount  of  his  claims,  and  service  rendered,  for  which  hTs 
employer  is  indebted  to  him,  and  that  he  holds  the  owner  responsible  for  the  same  •  and 
the  owner  shall  be  liable  for  such  claim,  but  not  to  exceed  the  amount  due  from  him  to 
the  employer  at  the  time  of  notice,  which  may  be  recovered  in  an  action 

Any  person  wishing  to  acquire  such  lien  upon  any  property,  whether  his  claim  be  duo 
or  not,  8ha  1  file  in  the  recorder's  office  of  the  county,  within  sixty  days  after  the  com- 
pletion of  the  buUding  or  repairs,  notice  of  his  intention  ft  hold  a  lien  upon  such  prop- 
erty for  the  amount  of  his  claim,  specifically  setting  forth  the  amount  claimed,  and  the 
recorder  shall  record  the  notice  when  presented,  in  a  book  to  be  kept  for  that  nurnose 
for  which  ho  shall  rectdve  twenty-five  cents.  f     *-      > 

Any  person  having  such  lien,  may  enforce  the  same  by  filing  his  complaint  in  the  cir- 
cuit court  or  court  ot  common  pleas  of  the  county  where  the  work  was  done,  or  mate- 
rials turnished,  at  any  time  within  one  year'from  the  comjletion  of  the  work  or  furnish- 
ing tlie  materials  ;  or,  if  a  credit  be  given,  from  the  expiration  of  the  credit 

in  such  actions,  all  persons  whose  liens  rfre  recorded  as  herein  provided,  may  be  made 
parties,  and  issues  shall  bo  made  up  and  trials  had  as  in  other  casj-s  ;  and  the  court  mnv 
by  the  judgment,  direct  a  sale  of  the  land  and  building  for  the  satisfaction  of  the  liens 
and  costs  ;— such  sales  to  be  without  prejudice  to  the  rights  of  any  prior  incumbrancer 
owner,  or  other  persons,  not  parties  to  the  action.  If  several  such  actions  be  brought 
by  diflercnt  claimants,  and  be  pending  at  the  same  time,  the  court  may  order  them  to%o 
ccjntolidated.  ' 

If  the  procef^ds  of  the  sale  be  insufficient  to  pay  nil  the  claimants,  then  the  court  "hull 
order  them  to  be  paid  in  proportion  to  the  amount  due  each. 

In  all  proceedings  commenced  under  this  act,  the  d.;len.lant  may  file  a  written  under- 
taking, with  surety,  to  be  approved  by  the  court,  to  the  elfoct  thnt  he  will  pay  the  judr- 
ments  that  may  be  recovered,  and  costs,  and  thereby  release  his  property  from  tlu;  liens 
lieroby  creato,d.  *     r      .» 


SPECIAL    LAWS    OF    ILLINOIS 


325 


ILLINOIS. 

Cjuatitution  adopted,  184a— Square  Miles,  55,405.— PopulaUon  in  1850,  858,234. 


Exemptions. 

The  wearing  apparel  of  every  person  shall  be  ex- 
empt from  sale  on  execution,  wrii  of  altacbmeiit,  oi 
distress  for  rent,  necessary  for  use. 

The  following  property,  when  owned  by  any  per- 
son being  the  head  of  a  family  and  residing  with  the 
same, shall  be  exenopt  frona  levy  and  sale  on  any  exe- 
cution, writ  of  attachment,  or  distress  for  rent,  and 
■ach  articles  of  property  shall  continue  so  exempt 
while  the  family  of  such  person  or  any  of  them  are 
removing  from  one  place  of  residence  to  another  in 
this  state,  viz. : — 

1.  Necessary  beds,  bedsteads,  and  bedding;  the 

oeceisary  utensils  for  cooking ;  necessary  household  furniture,  not  exceeding  in 

value  fifteen  dollars ;  one  pair  of  cards,  two  spinning-wheels,  one  weaving-loom  . 

and  appendage,  one  stove  and  the  necessaiy  pipe  therefor,  being  in  use  or  put 

up  for  ready  use  in  any  house  occupied  by  such  family. 

2.  One  milchcow  and  calf;  two  sheep  for  each  member  of  the  family,  and  the 
Beeces  taken  from  the  same,  or  the  fleeces  of  two  sheep  for  each  member  of  a 
family  which  may  have  been  purcha.sed  by  any  debtor  not  owning  sheep,  and 
the  yarn  and  cloth  that  may  be  manufactured  from  the  same ;  and  sixty  dollars' 
worth  of  property  suited  to  his  or  iier  condition  or  occupation  in  life,  to  be  selected 
by  the  debtor. 

3.  The  necessary  provisions  and  fua'  *'"'•  the  use  of  the  family  for  three  months, 
and  necessary  food  for  the  stock  hereinliefore  exempted  from  sale,  or  that  may  ba 
held  under  the  pruvisions  of  tliis  act. 

When  any  lot  not  exceeding  ten  acre*  ^hall  be  appropriated  and  used  as  a 
burying  ground,  and  shall  be  recorded  as  such  in  the  recorder's  office  of  the 
county,  it  ehall  be  exempt  from  all  laxen-.  and  when  sold  in  lots  for  bur^-ing  the 
dead,  the  said  lots  shall  not  be  solijert  to  execution  or  attachment;  provided  that 
DO  person  sh«ll  bold  more  th;in  one  ei^hili  of  an  »<:ro  exempt  from  execution. 

When  in  any  chkc  the  head  ofa  family  »^i'-'h,  deserts  or  ceases  to  reside  with  the 
same,  the  said  family  shall  be  entitled  to  retain  the  property  above  exempted, 
free  iruoi  levy  and  sale  ou  execution. 


Mechanics'  Lien. 

PrRsojis  furnishing  labor  or  materials  b  repairing  or  emcring  any  building, 
•hsJl  have  a  lieu  ou  the  building  and  lot  if  tract  of  land  on  which  the  same  shall 
be  en  r'.  fl 

To  ■  u  lien,  salt  must  be  broncht  within    six    months  from  the  (iniH 

thst  I  lent  should  have  been  niBoe. 

Lu  .     ■<  a  hen  on  growing  and  grown  cro(^8  for  their  mm 


326 


327 


328  SPECIAL    LAWS    OF    ILLINOIS. 

Slomestead  Exemption. 

In  addition  to  the  property  now  exempt  by  law  from  sale  under  execnMon,  there  sh<ill 
be  exempt  ft-orn  levy  and  forced  sale,  under  any  process  or  order  from  ^ny  court  of  law 
?L*^^VJ-^  /".^''f  ^*^^*^®'  P^  ^^^^  contracted  from  and  after  the  fourth  day  of  July,  A  D. 
I  l\  ,  I?  of  ground  and  the  buildings  thereon  occupied  as  a  residence,  and  owned 
by  the  debtor,  being  a  householder  and  having  a  family,  to  the  value  of  one  thousand 
dollars.  Such  exemption  shall  continue  after  the  death  of  such  householder,  for  the 
benefit  of  the  widow  and  family,  some  or  one  of  them  continuing  to  occupy  such  homc- 
Btead  until  the  youngest  child  shall  become  twenty-one  years  of  age,  and  until  the  death 
ot  such  widow;  and  iio  release  or  waiver  of  such  exemption  shall  be  valid,  unless  the 
same  shall  be  in  writing,  subscribed  by  such  householder,  and  acknowledged  in  the 
same  manner  as  conveyances  of  real  estate  are,  by  law,  required  to  be  acknowledged 

No  property  shall,  by  virtue  of  this  act,  be  exempt  from  sale  for  non-payment  of  taxes 
on  assessments,  or  for  a  debt  or  liability  incurred  for  the  purchase  or  improvement 
thereof,  or  prior  to  the  recording  of  the  aforesaid  conveyance  or  notice. 

It,  in  the  opinion  of  the  creditors  or  officer  holding  an  execution  against  such  house- 
holder, the  prctmses  clamied  by  him  or  her  as  exempt  are  worth  Inore  than  one  thou- 
band  dollars  such  ofHcer  shall  summon  six  qualified  jurors  of  liis  country,  who  shall 
upon  oath,  to  be  administered  to  them  by  the  officer,  appraise  said  premi.ses,  and  if  in 
fhPv  sff  «^V  iffP'"P^'"*^v,'"'7  be  divided  without  injury  to  the  interest  of  the  parties, 
Sion  sLlf Lf/^.i!"''*'^,^^  said  premises,  including  the  dwelling-house,  as  in  thei^ 
K  «i^*V,^^  '^^'^^^  «"«  thousand  dollars,  and  the  residue  of  said  premises  be  adver- 
asea  and  soid  by  such  officer. 

In  case  the  value  of  the  premises  shall,  in  the  opinion  of  the  jury,  be  more  than  one 
thousand  dollars,  and  can  not  be  divided,  as  is  provided  for  bv  this  act,  they  shall  make 
and  sign  nn  appraisal  of  the  value  thereof,  and  deliver  the  same  to  the  officer,  who  shall 
dchver  a  copy  thereof  to  the  execution  debtor,  or  to  some  one  of  the  family  of  euitfn)lQ 
age  to  understand  the  nature  thereof,  with  a  notice  thereto  attached,  that,  unless  thfc 
execution  debtor  shall  pay  to  said  officer  the  surplus  over  and  above  one  thousand  dol. 
lars  on  the  amount  due  on  said  execution,  within  sixty  days  thereafter,  that  such  pr.rn 
iscs  will  be  sold.  ^ 

In  case  such  surplus,  or  the  amount  due  on  said  execution,  shidl  not  bp  paid  within 
the  said  sixty  days,  it  shall  be  lawful  for  the  officer  to  advertise  and  6.-11  the  «aid  prrnii 
«f  ;„""1"''^  i^/  proceeds  of  such  sale  to  pay  to  such  execution  d<'btor  the  said  sum 
Ot  one  thousand  dollars,  which  shall  be  exempt  from  execution  for  one  year  thereafter 
and  apply  the  balance  on  such  execution :  Provided,  That  no  sale  shall  be  made  unless 
a  greater  sum  than  one  thousand  dollars  shall  be  bid  therefor;  in  which  case  the  officer 
may  return  the  execution  for  the  want  of  property. 

The  costs  and  expenses  of  settling  off  such  homestead  as  provided  herein,  shall  be 
charged  and  mcluded  in  the  officer's  bill  of  costs  upon  sucJi  execution. 


Chattel  Mortgages. 

No  mortgage  on  j/ersona]  property  hereafter  executed  shall  be  valid  as  against  the 
rights  and  interests  of  third  persons,  unless  possession  of  the  property  shall  be  delivered 
to  and  remain  with  the  mortgagee,  or  the  said  mortgage  be  acknowledged  and  recorded 
m  the  office  of  the  recorder  of  the  county  in  which  the  mortcagpr  shall  reside 

.Any  mortgasrer  must  first  acknowledge,  before  any  justice  Bf  the  peace  in  the  justice's 
district  m  which  he  may  reside,  such  mortgage,  and  the  said  justice  must  certilv  to 
such  acknowledgment  and  enter  the  same  upon  his  docket. 

It  shall  then  be  valid  for  two  years,  provided  that  such  mortgage  shall  provide  for  tlie 
possession  ot  the  property  so  to  remain  with  the  mortgager. 


Law  regulating  Contracts. 

No  action  shall  be  brought  whereby  to  charge  any  executor  or  administrator,  upon 
any  special  promise  to  answer  any  debt  or  damages  out  of  his  own  estate ;  or  wherebv 
to  charge  the  defendant,  upon  any  special  promise,  to  answer  for  the  debt,  default  or 
miscarriage,  of  another  person;  or  to  charge  any  person  upon  nnv  agreement  mkde 
upon  consideration  ot  marriage ;  or  upon  any  contract  for  the  sale  of  lands,  tenements  or 
hereditaments,  or  any  interest  in  or  concerning  them  for  a  longer  term  than  one  Vf'ar  • 
or  upon  any  agreement  that  is  not  to  be  performed  within  the  space  of  one  year  from' 
the  making  thereof,  unless  the  promise  or  agreement  upon  which  such  action  shall  bt^ 


SPECIAL    LAWS    OF    ILLINOIS.  329 

brought,  or  Bome  memorandum  or  note  thereof,  shall  be  in  writing,  and  sii^ned  by  the 
{•«!ty  to  bo  charged  therewith,  or  some  other  person  thereunto  by  Lim  lawfully  au- 
thorized 


Limitation  of  Actions. 

All  actions  of  troFpnss  qiiare  daiisitm  frrgit,  trespHss,  detinue,  trover,  and  replevin, 
ttir  taking  away  goods  ami  chattel3 ;  all  actions  for  arrearages  of  rent  due  on  a  parol 
demise;  and  dl  actions  of  account,  and  upcn  the  cajse,  except  actions  for  slander  and 
mahcious  prosecution,  and  such  as  concern  the  trade  of  merchandise  between  merchant 
*nd  merchant,  their  factors  or  agents,  shall  be  commenced  within  five  years  next  after 
the  cause  of  action  accrued. 

Actions  of  trespass  for  assault,  battery,  wounding,  and  imprisonment,  shall  be  com- 
menced within  two  years  next  after  the  cause  of  action  accrued. 

Actions  on  the  case  for  words  shall  be  commenced  within  one  year ;  and  for  mali- 
cious prosecution  shall  be  commenced  within  two  years. 

Every  action  of  debt,  or  covenant  for  rent  or  arrenraares  of  rent,  founded  upon  any 
lease  under  seal,  and  of  debt  or  covenant  founded  upon  any  single  or  penal  bill,  prom- 
issory note,  or  writing,  obligatory  for  the  direct  payment  of  money,  or  the  delivery  of 
pro])erty,  or  the  performance  of  covenants,  or  upon  any  award  under  the  hands  and 
■eals  of  arbitratt)rs,  for  the  payment  of  money  only,  shall  be  commenced  within  sixteen 
years  after  the  cause  of  action  accrued  ;  and  when  anj'  payment  has  been  made  upon 
auch  instrument,  then  witliin  sixteen  years  from  the  time  of  such  payment 

Judgments  of  any  court  of  record  of  this  state  may  be  re'.ived  by  action  of  scire  far.iat 
or  action  of  debt  within  twenty  years  next  after  the  rendition  of  the  same. 

Ri;:ht  of  entry  and  actions  to  recover  lands  are  barred  by  the  lapse  of  twenty  years. 

Ipfants,  married  wom<n,  persons  insane  and  a!)!='Mit  from  this  state,  may  make  such 
entry  and  bring  such  actions  within  the  times  respectively  limited  after  the  removal  of 
tti«-ir  disability. 

The  absence  of  a  defendant  from  the  state  is  not  to  be  computed  in  the  limitation. 


Collection  of  Debts. 

AaRKST.— When  any  debtor  shall  refuse  to  surrender  his  e.«t«te,  lands,  goods,  or  chatr 
tels,  for  the  satisfaction  of  any  execution  which  may  he  issued  againxt  the  propc^rty  of 
any  such  debtor,  it  shall  and  may  be  lawful  for  the*  plaintitf  or  his  attorney  or  aijent  to 
make  affidavit  of  such  fact  before  any  justice  of  the  peace  of  the  county ;  and  upon 
filing  such  affidavit  with  the  clerk  of  the  court  from  which  the  execution  issued,  or  with 
the  justice  of  the  peace  who  issued  euch  execution,  it  shall  be  lawful  for  such  clerk  or 

tjstice  of  the  peace,  as  the  case  may  be,  to  issue  a  capias  ad  satisfaciendum  against  the 
ody  of  such  defendant  in  execution. 

The  defendant  may  board  out  his  debt  in  jail  at  one  dollar  and  fifty  cents  per  day, 
Attachmknt. — If  any  credit<^»r  or  his  agent  shall  make  complaint,  on  oath  or  aiflrmt' 
tJon,  to  the  clerk  of  the  circuit  court  of  any  county  in  this  state,  that  his  delitor  is  about 
to  depart  from  this  state,  or  has  departed  from  this  state,  witli  the  intention  in  either 
ca«e  of  having  his  effects  and  personal  estate  removed  without  the  limits  of  this  8tat«\ 
to  the  Injury  of  such  creditor,  or  standi  in  defiance  of  any  officer  authorized  to  arrest 
him  on  civil  process,  so  that  the  drdinary  jjrocess  of  law  can  not  be  served  on  puch 
d«-btor,  and  that  the  debtor  is  indebted  to  him  in  a  sum  exceedins  twenty  dollars,  sped- 
fying  the  amount  and  nature  of  such  indebtedness,  such  creditor  may  sne  out  a  writ 
of  attacbmeiit  against  the  debtor's  lands  and  tenementB,  goods  and  clmltels,  rights  and 
credits,  moneys  and  effects,  of  what  nature  soever,  or  so  much  us  will  satisfy  the  debt 
•worn  to,  Mrith  interest  and  costs. 

VVhen  any  creditor,  his  agr'nt  or  attomiTr,  shall  make  oath  or  affirmation  before  any 
jnntire  of  the  j^^-ace  in  this  ("tate,  that  any  person,  being  a  non-resident  of  this  8tat<i,  is 
^di-  •r.'ditor  in  a  sum  not  exceeding  fifty  dollars,  such  Justice  may  issue  ari 

*ttMr  •  tiia  p<>r8onal  estate. 

'^'  ■  issup,  in  the  case  of  a  non-resident,  against  all  his  property  for  a  au:n 

»xc»<(iiii;5  twenty  dollars,  from  the  clerk  of  the  circui^court  of  any  county. 


Deeds. 


A  tcBAin.  of  the  p«i  may  be  used  m  ■  seal.    Deeds  should  bo  witnessed  by  twe  aub- 
•eribing  witnesses.  ,^ 


330  SPECIAL    LAWS    OP    ILLINOIN. 

Form  of  Acknowledgment. 

state  of  Illinoip,  ) 

County  of  Hancock,  \  **' 

Be  it  remembered,  that  on  this  first  day  of  A'prii,  one  thousand  eight  hundred  and 
fifty-one,  before  me,  John  Jones,  a  notary  pnblic,  personally  appeared  John  Doe  ava 
Susan  Ms  wife,  to  me  known  to  be  the  real  persona  whose  names  are  subscribed  to  tbe 
forepoiiiir  co7/»«/a7Jce,  and  severally  acknowledged  that  they  executed  the  same;  and 
the  said  Susan,  on  an  examination  separate  and  apart  from  her  husbajid,  having  ha/]  the 
cmitents  thereof  fully  made  known  to  her  by  me,  acknotcledged  that  she  executed  the  same, 
and  relivquished  her  dower  to  the  lands  and  tenements  therein  mentioned,  voluntarily,  free- 
ly, and  without  any  compulsion  of  her  said  husband. 

In  witness  whereof,  I  have  hereunto  set  my  band  and  notarial  seal  of  office,  the  day 
and  year  first  above  written. 

(Seal  of  Qgice.)  JOHN  JONES,  Notary  Public. 

Deeds  may  be  acknowledged  or  proved  before  any  judge  or  justice  of  the  supreme  or 
district  court  of  the  United  States;  any  commissioner  to  take  acknowledgment  of 
deeds :  any  judge  or  justice  of  the  supreme,  superior,  or  circuit  court  of  any  of  the 
United  States  or  their  territories ;  any  clerk  of  a  court  of  record,  mayor  of  a  city,  or 
notary  puljlic:  but  when  made  before  a  clerk,  mayor,  or  notary  public,  it  shall  be  cer 
tified  by  such  officer  under  his  seal  of  office. 

When  any  married  woman,  not  residing  in  this  state,  being  over  eighteen  years,  shall 
join  with  her  husband  in  the  execution  of  a  deed  or  mortgage  of  lands  in  the  state,  she 
shall  thereby  be  debarred  from  all  interest,  estate,  or  dower  therein,  as  if  she  were  sol*" 
and  of  full  age. 

The  officer  taking  the  acknowledgment  must  certify  that  the  person  offering  to  ^nake 
such  acknowledgment  is  personally  known  to  him  to  be  the  real  person  whose  name  ia 
subscribed  to  the  deed  as  having  executed  the  same,  or  that  he  was  proved  to  be  such 
by  a  credible  witaess  (naming  him). 

In  case  of  married  women,  in  addition  to  the  above,  he  shajl  acquaint  her  with  the 
cont<;nts  of  the  deed,  and  shall  examine  her  separately  and  apart  from  her  husband, 
whether  she  executed  the  same,  and  relinquished  her  dower  to  the  lands  and  tenements 
therein  mentioned,  voluntarily,  freely,  and  without  compulsion  of  her  said  husband, 
and  shall  certify  the  same  on  or  annexed  to  the  deed. 


Rights  of  Married  Women. 

DowEn. — A  widow  shall  be  endowed  of  the  third  part  of  all  the  lands  whereof  Iier 
husband  was  seized  of  an  estate  of  inheritance  at  any  time  during  marriage,  unless  mn 
same  shall  have  been  relinquished  in  legal  form. 


Rate  of  Interest 

Feom  and  after  January  30,  1849,  money  may  be  loaned  at  such  rate  of  interest,  not 
exceeding  ten  per  cent,  per  annum  on  each  hundred  dollars,  as  the  parties  may  agree 
npon.  In  the  trial  of  any  action  brought  ujjon  a  promissory  note  or  writing  obligatory 
in  any  of  the  courts  of  this  state,  wherein  is  reserved  a  higher  rate  of  interest  than  six 
per  cent,  per  annum,  it  shall  be  lawful  for  the  defendant  to  set  up  and  plead,  as  a  de- 
fence in  any  such  suit,  that  the  consideration  of  said  note  or  writing  obligatory,  upon 
which  such  suit  is  brought,  was  not  "  money  loaned ;"  upon  which  issue  it  shall  be  law- 
ful for  the  debtor,  the  creditor  being  alive,  to  become  a  witness,  and  his  testimony  shall 
be  received  as  evidence ;  and  the  creditor,  if  he  shall  ofter  his  testimony,  shall  be  re- 
ceived as  a  witness,  together  with  any  other  legal  evidence  that  may  be  introduced  by 
either  party  ;  and  if,  upon  the  trial  of  the  said  issue,  it  shall  be  found  that  the  said  nolV 
or  writing  obligatory  upon  which  such  suit  is  brought  was  not  given  for  money  loaned, 
then  the  said  court  shall  render  judgment  for  the  principal  sum  in  said  promissory  noto 
or  writing  obligatory,  and  six  per  cent,  interest  thereon. 


Wills. 


Thet  must  be  in  writing,  signed  by  the  testator,  or  by  some  one  In  his  presence  and 
by  his  direction,  and  attested  by  two  credible  witnesses. 
For  form  of  attestation,  see  page  163. 


SPECIAL    LAWS    OP    MISSOURI.  331 


MISSOURI. 

CoDstitutioD  adoptt-d,  1820.— Square  Miles,  67,380.— Population  in  1850,  684,132. 


Exemptions. 

There  is  in  this  state  exempted  from  sale  on  exe- 
cution, the  wearing-apparel  of  all  perscns,  and  the  ne- 
cessary tools,  implements  of  trade,  of  any  mechanic 
while  carrying  on  his  trade,  and  the  following  articles, 
being  the  property  of  any  person  being  a  householder, 
namely :  ten  head  of  choice  hogs,  ten  head  of  choice 
■beep,  two  cows  and  calves  ;  one  plough,  one  axe,  one 
hoe,  and  one  set  of  plough  gears ;  working-animals,  of 
the  value  of  sixty-five  dollars;  the  spinning-wheels  and 
cards,  one  loom  and  apparatus,  necessary  for  manufac- 
turing cloth  in  a  private  family ;  all  the  spun  yam, 
thread,  and  cloth,  manufactured  for  family  use ;  flax, 
oemp,  and  wool,  twenty-five  pounds  of  each  ;  all  wearing  apparel  of  the  family  ; 
two  beds,  with  the  usual  betiding  ;  and  such  other  household  and  kitchen  furni- 
ture necessary  for  the  family,  not  exceeding  in  value  twenty-five  clollars;  all 
arms  and  military  equipments  required  by  law  to  be  kept;  all  provisions  on 
hand  for  family  use,  not  exceeding  tN^enty-five  dollars  in  value.  All  lawyers, 
physicians,  and  ministers,  may  select  such  books  necessary  to  their  profession  in 
the  place  of  other  property,  at  their  option  ;  doctors  of  medicine,  in  lieu  of  property 
exempt,  may  iclect  their  medicines. 

InB(ca<l  of  ten  hogs,  ten  sheep,  two  rows  and  calves,  one  ploutjli,  one  axe,  one 
hoe,  one  set  of  plough-gears,  and  working-animals  of  the  vitlue  of  sixty-five  dol- 
lars, the  debtor,  if  the  head  of  a  family,  may  select  any  other  property,  real  or 
jiersonRl.  not  exceeding  in  value,  one  hundred  and  fifty  dollars,  or  on  the  absence 
of  t»tiir>r  property  debts  and  wages  to  the  same  amount. 

The  wife's  property  is  exempt  from  sale  on  execution  against  her  husband,  if 
the  debt  whs  contracted  before  marriage,  before  she  came  into  jjossespion,  or  if  it 
was  a  securily  debt.  It  is  alw)  exem[)t  from  execution  for  fine  or  co.sts  in  a/iy 
criminal  case  agajnM  her  husband.  The  husband's  property  is  exempt  from  all 
debts  and  liabilities  contracted  by  the  wife  before  marriage. 


Mechanics'  Lien. 

(Jn.NTRACTOKS,  suU-cntracforF,  nrtianns,  arwl  liiborer^,  shsll  hnve  a  Hen  for  work  done 
on  unl  mntctialA  turiii«liKd  for  builiiing-*,  piiijimn,  mnchiniTy,  hoiltr^,  or  other  fixtures. 

Every  pfT^on  except  8ul)-C"nfr>«ctor'',  must  file  with  ih<'  clerk  of  the  circuit  court  of 
the  county  in  which  the  building  it,  within  flix  inontiis  a'tci  the  matTials  hv;  furnitihi  d 
or  the  wi>ik  in  (Iiiik;,  n  true  account  of  hi»  d<  mand,  verified  by  his  oath,  and  a  correct 
d<*^cripti(in  of  tiie  piopcrly. 

Sutvciin  m- 1  irs  muHt  ^dve  notice  to  the  owners  of  their  intention  to  furnish  mntrrinls 
or  litb  r.  Mini  tin-  probi.hle  vnlue  theieof ;  and  liHving  settl'd  ih.-  amount  nlterwHid  with 
the  contrHctor,  mu'^t,  within  ten  dnyu  after  the  lid)or  in  done  or  the  materiHlft  are  fur- 
ni«h>>d.  file  in  Uie  like  office  a  copy  of  such  Bcitiement,  and  a  conect  description  of  the 
pr<'p«Tty  cliarited  with  lh«  lien.  The  lien  binds  tho  building  or  other  fixtures,  for  twelve 
months  after  it  i«  fini  hed. 

TlK"  owo'  r  mu»l  not  sittle  with  the  contractor  until  the  nub-con  trnctor«'  liens  «re  dis- 
charged.  1  be  li'^n  extt-ndu  to  the  land  on  which  the  building  is  ejected,  and  not  exceed- 
lug  five  hundrod  squnrc  1«>  i  clear  of  the  buiidinj;. 


332 


XoTLnVestST-mnllQ  WcLstrtngta 


% 


tI'MSii®!!!     g 

0-^ 


334  SPECIAL    LAWS    OF    MISSOURI. 

Chattel  Mortgages. 

Tjik  property  must  be  delivered  to  and  retained  by  the  mortgagee,  or  the  mortgage 
must  bf  acknowledged  or  proved  and  recorded  in  the  county  in  which  the  mortgager 
resides,  the  same  as  deeds  of  real  property. 


Law  regulating  Contracts 

All  contracts  which,  by  common  law,  are  joint  only,  shall  be  construed  to  be  joint 
and  several. 

A  joint  debt  or  coBtract  survives  against  the  heirs,  executors,  and  administrators  of 
the  deceased  obligor  or  promisor,  as  well  as  against  the  survivor,  also  against  the  heirs, 
eX'  cutors,  and  administrators  of  all  the  joint  obligors,  if  all  are  dead. 

Suit  may  be  prosecuted  against  any  one  or  more  copartners,  in  case  of  copartnership, 
obligation,  or  assumption. 

No  action  shall  be  brought  to  charge  any  executor  or  administrator,  upon  any  special 
promise,  to  answer  any  debt  or  damages  out  of  his  own  estate ;  or  to  charfre  any  per- 
son, upon  any  special  promise,  to  answer  for  the  debt,  default,  or  miscarriagp,  of  au- 
.>tlier  person ;  or  to  charge  any  person  upon  any  agreement  made  upon  consideration 
of  iijarriage  ;  or  upon  any  contract  for  the  sale  of  "lands,  tenements,  or  hereditaments, 
or  (uiy  interest  in  or  concerning  them,  or  any  lease  thereof  for  a  longer  term  than  one 
vear  ;  or  upon  any  agreement  that  is  not  to  be  performed  within  one  year  from  the  ma- 
kin;;  tliereof,  unless  the  agreemt^nt  upon  which  the  action  shall  be  brought,  or  some 
mitnorandum  or  note  thereof,  shall  be  in  writing,  and  signed  by  the  party  to  be  charged 
therewith,  or  ssome  other  person  by  him  thereto  lawfully  authorized. 

No  contract  for  the  sale  of  goods,  wares,  and  merchandise,  for  the  price  of  thirty  dol- 
lars or  upward,  shall  be  allowed  to  be  good,  exce})t  the  buyer  fhall  accept  part  of  the 
kfoods  so  sold,  and  shall  actually  receive  the  same,  or  give  something  in  earnest  to  bind 
the  bargain  or  in  part  payment,  or  unless  some  note  or  memorandum  in  writing  be 
made  of  the  bargain,  and  signed  by  the  parties  to  be  charged  with  such  contiact,  or 
their  agents  lawfully  authorized. 

Actions  shall  not  be  brought  to  charge  any  person  for  representations  of  the  charac- 
tsr,  conduct,  credit,  ability,  trade,  or  dealings,  of  another  person,  unless  such  represent- 
Hiion  is  in  writing,  and  subscribed  by  the  person  to  be  charged  thereby,  or  by  some 
person  by  him  thereunto  lawfully  authorized. 


Limitation  of  Actions. 

All  actions  founded  iipon  any  writing,  whether  scaled  or  unsealed,  for  the  dirct 
payment  of  money  or  property,  must  be  commenced  within  ten  years  after  the  cause 
of  such  action  accrued— abo,  actions  on  covenants  of  seizin  and  actions  for  relief,  not 
otherwise  provided  for.  Actions  on  covenants  of  warranty,  within  ten  years  after  final 
iecision  against  title  of  warrantor. 

Actions  upon  contracts,  &«.,  express  or  implied,  fexcept  upon  judgments  or  decrees 
ol  courts  ot  rt^cord,  and  except  where  a  different  time  is  limit(!d  ;  actions  upon  a  liability 
created  by  statute,  other  than  a  penalty  or  forfeiture ;  actions  for  trespass  on  real  estate 
actions  for  takmg,  detaining,  or  injuring  goods  and  chattels,  or  for  the  recovery  of 
spexihc  personal  property ;  actions  for  criminal  conversation  or  other  injury  to  the 
rights  of  persons,  not  otherwise  limited,  within  five  years.     Actions  for  reUef  on  the 

KounJ  ot  fraud,  withm  9ve  years,  the  cause  of  action  accruing  at  the  discovery  of  the 
mdulent  acts.  j  " 

Actions  against  sheriffs  or  coroners,  and  acrions  for  penalty  or  forfeiture,  where  the 
penalty  is  given  to  the  party  aggrieved,  or  to  him,  or  to  the  state,  within  three  years. 

Actions  for  hbel,  assault,  battery,  or  false  imprisonment,  and  actions  for  penalty  or 
forfeiture  to  the  state,  within  two  years. 

Actions  against  sheriti's,  &,c.,  for  escape,  one  year. 

On  a  current  account,  the  cause  of  action  accrues  at  the  time  of  the  last  item  in  the 
account  on  the  adverse  side. 

Qui  tarn  actions,  within  one  year  after  the  commission  of  the  offence,  or  within  two 
years  if  not  brought  by  a  private  party,  if  commenced  by  the  attorney-general  or  circuit 
ftttomey  m  behalf  of  the  state. 

Limitations  apply  to  actions  brought  by  the  state  or  for  its  benefit 

hitajits,  married  women,  persons  insane  or  imprisoned,  have  the  same  periods  r»- 
9pecnv<-Iy  afYer  their  disability  is  removed.  ^ 

A  promiat^  in  wiiting  is  necessary  to  revive  action  barred  by  this  act. 


SrEf'lAL    LAWS    OF    MISSOURI.  335 

Rond.j,  judgmoiits,  niid  deci-eog,  are  presumed  to  have  Iwen  pniJ  r.ft-er  thn  lapse  of 
twenty  years ;  such  presumptinn  bein;j  lialile  to  be  npelled  by  proof  of  ptiytneut  in 
piirt,  ur  wriilen  tickiiowledgment  ot  the  ii)dflitedno88.        , 


Collectrlon  of  Debts. 

Attachmeptt. — Attachmrnt  may  issue,  in  any  civil  action  foumlnd  upon  contract 
or  unoii  wrongs  done  to  pcrfonnl  or  real  propt rty,  in  the  following  cases  —  1.  Wlu-re 
thi^  debtor  doe•^  not  re«ide  withiii  the  state  ;  2.  Where  the  defendant  is  a  corporation 
whose  chief  oflBce  or  place  of  businef^s  is  out  of  this  state  ;  3.  Where  the  debtor  con- 
ceals himself  so  that  process  can  nut  bi>  8erve<l  upon  him  ;  4.  Or  the  debtor  has  ab- 
sconded or  absented  himself  from  his  usuid  place  of  abode  in  this  state,  so  tliat  pro- 
cess can  not  be  eexve<i  on  him  ;  5.  Or  is  about  to  remove  his  property  out  of  the  state, 
wiih  the  intent  to  defraud,  hinder,  or  delay,  his  creditors  ;  6.  Where  the  defendant  is 
about  to  more  out  of  the  state  with  intent  to  ciiange  his  domicile.  7  Or  has  fraudulently 
conveyed  oi* assigned  his  property,  so  as  to  hinder  or  delay  his  creditors  ;  8.  Or  has 
fraudulently  concealed  or  di-posed  of  his  property,  so  as  to  hinder  or  delay  his  credi- 
tors ;  0.  Or  is  about  fraudulently  to  convey  or  asfeign  his  property  or  tHicts,  so  as  to 
hinder  or  delay  his  creditors  ;  10.  Or  is  about  fraudulently  to  conceal  or  dispose  of  his 
property,  so  as  to  hindir  or  delHy  his  creditors  ;  11.  Where  the  debt  was  contracti^d 
out  of  this  state,  and  the  debtor  ha*  absconded  or  secretly  removed  his  pri>perty  into 
this  sUite,  with  the  intent  to  defraud,  hinder,  or  delay,  his  creditors  ;  12.  Where  the 
damafjes  tor  whi<1i  the  act. on  is  brought  are  for  injurrfts  arising  from  the  commission  of 
u  felony  or  ndsdemeiiiior ;  13.  Where  the  debtor  has  faile«l  to  pay  the  price  or  value 
of  any  article  or  thing  dt-Hvered,  which  by  contract  he  was  bound  to  piiy  upon  delivery. 
In  all  but  the  first  four  ca.sos,  attachments  may  issue  although  the  debt  be  not  due. 

The  atfidavit  to  autiiorize  the  attachment  must  state,  "  that  the  plaintitl'  has  a  just  de- 
mand ii^ain.-*t  the  defendunt,  and  that  the  amount  which  the  aifiant  believes  the  plaintilT 

ouG;ht  to  recover  alt«;r  allowing  just  credits  and  set-offs  is dollars,  and  that  he 

has  good  reason  to  believe  and  does  believe  in  the  existence  of  one  or  more  of  the 
Ciiutes  above  specified  which  authorize  the  attHchment."  Bond  must  also  bo  given, 
with  on«;  or  more  securities,  resident  householders  of  the  county  in  which  the  action  is 
to  l>e  brought,  in  a  sum  at  lea.-t  douhle  the  amount  of  the  demand  sworn  to.  If  the 
defendant  puts  in  issue  the  truth  of  the  affidavit,  the  plaintiff  must  prtjve  the  facts  therein 
alleged  as  grouinls  of  attachment.      Imprisonment  fir  debt  is  abolished. 

N.  B.  Non-renident  parties  wishing  to  sue  their  debtors  in  this  state  by  attachment, 
rhnuld  send,  with  the  demand,  an  affiditvit  setting  out  the  above  f«cts,  and  should  also 
take  meHsuroB  to  provide  the  r.  quisiie  fcecui  ity. 


Deeds. 

Evert  conveyance  of  freehold  estate  must  be  subscribed  and  sealed  by  the  grantor 
and  ai'knowicdged  or  proved  (if  in  this  state)  before  some  court  having  a  seal,  or  some 
judge,  jutt.ce,  or  clerk  thereof,  or  some  notary  public  or  jusiia;  of  the  peace  of  tiio 
county  in  which  the  land  lies  ;  if  in  the  United  titaU-n,  and  out  of  this  state,  before  any 
court  of  the  United  States  or  of  any  state  or  territory  having  a  seal,  or  thi;  clerk  of  any 
•ueh  court,  or  a  commissioner  for  tliis  state  residing  at  the  place  where  the  acknowl- 
edgment is  Uken  ;  or  a  notary  public  ;  and  in  f«ireign  countries  before  any  minist«>r  or 
consul  of  the  United  States,  or  any  court  of  such  country  having  a  seal,  or  the  mayor 
of  any  city  having  an  official  seal.  Acknowledgments  of  married  women  of  their  con- 
v>  ynnce  of  their  real  estate  may  be  taken  by  the  same  officers,  under  the  act  of  1856.  A 
c«  rtiticate  thereof  mu»t  be  endorsed  on  the  deed,  under  the  hand  and  seal  of  the  otHcer. 

The  d.-^d  should  be  recorded  in  the  county  where  the  land  is  situate.  No  deed  is 
viilid  exeept  t><tween  ths  parties  thereto  and  such  ai  have  actual  notice  thereof,  until 
th  •  oiune  i-t  filed  for  record. 

The  person  acknowledging  must  be  personally  known  to  the  officer  or  one  judge  of 
tlie  court,  to  Ix?  the  person  whooe  name  is  subscribed  as  a  party  thereto,  or  shall  be 
proved  to  be  such  by  two  credible  witneistjs,  which  shall  be  stated  in  the  certificate. 

Ill  MtMtfion,  a  tnnrrietf  wfiman,  uoon  relinquishing  her  dower,  shall  be  made  acquainted 

'       '   '■       ;  •  .1,  and  shall  acknowledge,  on  an  examination  apart  from 

'  d  the  same,  and  relinquishes  her  dower  in  the  real  estate 

:d  without  compulsion  or  undue  influence  of  her  husband  ; 

Hu   vM..'  .1  iM.-r-L  I).-  ri.,i.:.i   ill  tile  cerlifJeHtf. 

Form  of  Acknowledgment,  icith  Relinquishment  of  Dower, 

8(at«  nrMlMourl,     i 

County  of  Heatom.  J     ' 

Be  it  reni>'ml>erud,  that  on  Ih^Jlrtt  day  of  Mureh,  one  liioiisand  eight  hundred  and>4/ty< 
tw,  before  me,  Joiim  Jo.-xr.s,  njmlic*  o/  the p«a«*  in  and  for  stttd  county,  personally  appuared 


336  SPECIAL    LAWS    OF    MISSOURL 

John  Doe  and  Susan  hit  wife,  to  mo  personally  known  to  be  the  persons  whose  names  ara 
subscribed  to  the  foregoin?  deed,  as  parlies  thereto,  and  acknowledged  that  they  executeo 
the  same  for  liie  purposes  therein  mentioned  ;  and  the  said  Susan,  being  by  me  examinM  apart 
from  her  husband,  andmadefiUiy  acquainted  with  the  contents  of  the  foregoing  deed,  ar.knowlcdtjed 
Uiat  she  executed  the  tame  [and  relinqvished  the  dower  in  the  real  estate  therein  mentioned], /rcel% 
and  without  fear,  compulsion,  or  undue  injluence,  of  her  said  husband. 

Witness  my  hand,  the  day  and  year  first  above  writteu. 

JOHN  JONES,  Jj«««  o/ rt«  P«WM. 

A  ecrnwl  of  the  pen  may  be  used  instead  of  a  seal. 

A  married  woman  may  convey  any  of  her  real  estate  by  a  conveyance  executed  b) 
herself  and  husband.  ITie  husband  must  join  in  tap  conveyance.  Her  ncknowlodg 
ment  is  to  be  taken  by  some  court,  judge,  or  clerk,  as  above  stated,  she  having  first  been 
made  acquainted  with  the  contents  of  the  deed,  by  the  officer,  and  on  an  examinatior 
sepaixite  and  apart  from  her  husband.  The  certificate  of  acknowledgment  mu«t  be  pre- 
cisely similar  t*  that  given  above,  excepting  that  the  words  "  and  relinquished  her 
dower  in  the  real  estate  therein  mentioned"  must  be  omitted. 


Rights  of  Married  "Women. 

Property  owned  by  a  woman  before  marriage,  or  in  any  way  acquired  BUbsequen* 
to  her  marriage,  and  the  use  and  profits  thereof,  are  exempt  from  debts  and  liabilities 
of  her  husband  contracted  beltjre  marriage  or  before  the  wife  came  into  possession  of 
euch  property.  Such  property  is  absolutely  exempt  from  the  husband's  security  debts, 
whenever  contracted,  and  fflso  from  fines  or  costs,  imposed  on  the  husband  in  any  crim- 
inal case. 

DowKR. The  wife  is  endowed  of  one  third  of  all  the  lands  of  which  her  husband,  or 

any  one  to  his  use,  was  seized,  of  an  estate  of  inheritance,  at  any  time  during  the  mar- 
ringe;  also,  of  leasehold  estate  for  the  term  of  twenty  years  or  more. 

The  widow  is  also  entitled  to  have  and  keep  as  her  abar'ate  property,  all  her  imple- 
ments of  industry,  and  all  the  beds,  bedding,  wearing  aprp-ol,  provisions,  &c,,  requisite 
for  the  family ;  also,  kitchen  furniture  to  the  value  of  tw  /  .cy  dollars,  and  any  other  per- 
sonal property  to  the  value  of  two  hundred  dollars.  In  addition,  she  is  entitled  as 
follows,  viz. : — 

1st.  If  the  husband  leaves  descendants — to  a  child's  share  of  the  personal  estate,  abso 
lutely,  or  at  her  option,  or  to  one  third  of  the  slaves  for  her  life,  and  one  third  of  the 
other  personal  property,  absolutely,  subject  to  her  husband's  debts. 

2d.  If  the  husband  leaves  no  descendants— to  all  the  real  and  personal  estate  which  came 
to  the  husband  in  right  of  the  marriage,  remaining  undisposed  of,  absolutely,  and  to  one 
half  of  the  real  and  personal  estate  belonging  to  tlie  husband  at  the  time  of  his  death, 
absolutely,  subject  to  the  husband's  debts. 

3d.  If  the  husband  leaves  descendants,  but  not  by  his  last  marriage,  his  widow  may, 
In  lieu  of  dower,  take  the  real  estate  and  personal  property  in  possession  of  the  hus- 
band which  came  to  him  in  right  ol  his  wife,  by  means  of  the  marriage— subject  to  the 
husbfirid's  debts. 


Rate  of  Interest. 

The  Ingal  rate  of  interest  is  six  per  cmt-,  where  do  rate  is  sprcifieil,  but  parties  may 
Hgrse  upon  any  rate  not  exceeding  ten  per  cent.  Any  excess  works  a  forfeiture  of  ten 
per  cent.,  to  be  paid  for  the  benefit  of  tho  common-school  fund. 


Wills. 

They  must  be  in  writing,  signed  by  the  testator,  or  by  some  person  in  his  presence 
an  i  at  his  request,  and  attested  by  two  competent  witnesses,  who  shall  subscribe  their 
na"if>s  Rs  witnesses  in  the  presence  of  the  testator. 

Wills  must  be  recorded  within  thirty  days  after  probate.  If  lands  in  different  coimtics 
ar  ■  'I  visrtd,  a  copy  of  the  will  shall  be  recorded  in  the  recorder's  office  in  each  couniy, 
»';ti  in  six  month.s  after  probate. 


WECIAL    LAW*    OP    U>\\X.  337 


IOWA.  N 

.  CoMtUutton  adopted,  184B.— Scjuaro  Miles,  50,914.— Population  in  1850,  190,;.'G4. 

• 

3Ejsemption3. 

Dkfendants  in  cxocution,  if  he,  she,  or  they,  have  fmil- 
lies,  may  claim  as  exempt  from  execution  the  foUowijvg 
property,  to  wit :  One  bible ;  one  cow  and  ciilf ;  one  horae, 
or  yoke  of  c.-tttle;  twelve  sheep,  and  the  wool  shorn  fro/a 
them  ;  five  he.-id  of  hoga,  and  all  pigs  under  six  months  old ; 
all  the  flax  in  the  possession  of  the  family,  and  the  yam  of 
thread  munufHctunJ  tlvrefrom;  one  bedstead  andthe  in> 
ccssary  boiidirig  therefor,  for  every  two  in  the  family;  tlia 
cloth  mnnuAictureci  by  the  family,  not  exceeding  one  hun 
drcd  yards  ;  household  and  kitchen  furniture,  not  exceed 
ing  in  value  fifty  dollars;  one  stovt- and  pipe;  all  spintnng 
wheels  and  looms  put  up  and  kept  for  use ;  all  farming 
utensils  not  exceeding  in  value  fifty  dollars  ;  the  necessary 
food  for  sll  animals  exeicpt  from  execution  ;  four  months'  provision  for  the  family,  and 
fuel  for  sixty  days;  the  surgical  instruments  and  medical  library  of  every  practising 
physician,  and  the  library  of  every  practising  lawyer  or  counsellor ;  all  private  libraries 
not  exceeding  one  hui^lred  dollars  in  value,  and  all  lamily  portraits ;  all  mechanics' 
tools  necessary  in  their  peculiar  calling;  the  astronomical  and  mathematical  instruments 
of  every  teacher  or  schoolmaster,  and  tiie  instruments  of  every  practical  surgeon,  in 
th«-ir  profession  :  and  all  property  exempt  from  execution  is  exempt  from  attachment 
or  other  process  of  law. 

In  addition  to  the  above,  it  is  lawful  for  the  defendant  to  claim  as  exempt  from  pro- 
cess founded  upon  contracts  made  after  the  passage  of  the  act,  fifty  head  of  sheep  and 
the  wool  shorn  therefrom. 


^^ 


Homestead-Exemption  Law. 

Axv  quantity  of  land,  not  exceeding  forty  acres,  used  for  agricultural  purposes,  tha 

dvvcIHnfr  house  thenion,  and  the  appuitenances,  not  included  in  any  town  plat,  or  city, 

'         il:(\  or  inst<.>ad  thereof  not  exceeding  one  fourth  of  an  acre,  l)eing  within  a  re- 

;  town  plat,  city,  or  village,  the  dwelling-house  thereon  and  the  appurtenances, 

i  und  occupii-d  by  any  resident  of  tht;  state,  is  exempt  from  forced  8»de  on  execu- 

'i   11  i.r  any  other  final  process  from  any  court,  for  any  debt  or  liability  contracted  afu^r 

the  fourth' d^y  of  July,  one  thousand  eight  hundred  and  forty-nine:  provided  that«uch 

►•xrinpttd  homestead  or  town-lot  and  dwelling-house  thereon  shall  in  no  case  exceed 

in  value  five  hundred  dollars.     This  exemption  is  not  to  affect  any  laborer's  or  mechaii- 

ic'ti  lien,  or  mort:;ngf  lawfully  obtained.    Defendant  must  notify  the  officer  of  what  h») 

rck'u-dd  a«  bis  homestead. 


Mechanics'  Lien. 

CovrK.iCTOR«  to  build  or  repair  a  house  or  other  building,  mill,  or  machinery,  or 
their  appurtenances,  or  for  furnishing  labor  or  materiids  for  audi  purposes,  and  every 
rjih'>r  pr^rson  furnishing  mati-fials  used  in  their  construction,  by  agreement  with  tho 
o  •  tract  of  inml  or  town-lot,  or  tlio  lessee  of  either  with  Uie  owner's  kuowl- 

«  it,  have  a  lien  upon  the  house,  &c.,  and  tho  tract  of  land  or  lot  on  which 

!  rfed,  in  proportion  to  the  labor  or  matfjrials  furnished,  which  can  not  bo 

r.  n^  to  avoid  said  lien,  unlcxs  upon  judgment  rendered  before  auch 

f  inenced. 

ht  within  one  year  from  the  time  of  payment  fixe<l  by  tho  con- 

^  •■■^  claitn.'d,  or  within  six  montha  after  the  decision  of  any  suit 

'  n<l  if  brought  in  the  district  court,  must  be  by  bill  or  peii- 

'  11   ciTtniiity  the  tract  ot  land,  liou-e,  Arc,  upon  which  tho 

!  ■ui!  nature  of  the  contract  or  indelitedness,  with  a  bill  of  par- 

f  to  be  filed  in  lieu  of  a  declaretion.     'i'he  o«ecution  upon  a 

■ -iture  must  be  levied  upon  tlio  property  B])ecifind,  and  no 
w        ,      ,       ,  :  is  bonnd  for  tho  payment  of  auch  judgment. 

Miners  Imm}  k  Ina,  by  Uiit  act,  upon  a  sufficient  quantity  of  mineral  to  pay  any  Jzct 
drrnand  for  labor  pcrformwl  upon  it 

29 


338 


0^4^X!;^4^^4^^^4^'^^^^^4^^'4^W4^ 


HeiK 


-'n^stVirrian.  CLAIVTON 


JCEDAR 


^°  J/i»7Tr^i^iaj I \       '.MUSCATINE  

,     -^1- — -F^ — Ai    tMiMriitlnl?  ^^.^Jiocfkl^JBiiL 

HASK4   ^o      ^Hii^y^/-—   1^1 1-.?- 


teii 


SL<  iMniNF 


MOj^lROE 


'd^\) 


310  SPECIAL    LAWS    OF    WW K. 

Chattel  Mortgages. 


Bills  of  sale,  or  othfir  conveyances  of  personal  property,  where  the  vender  rtjtams  the 
actual  possession  oi  the  property  so  conveyed,  are  not  valid  in  law  against  creditors  or 
subsequent  purchasers,  unless  acknowledged  before  some  justice  of  the  peace  for  the 
county  where  the  same  is  executed,  and  recorded  in  the  office  of  the  recorder  of  deeds 
(who  keeps  a  separate  book  for  this  purpose)  within  ten  days,  in  the  county  where  the 
bolder  of  the  property  resides,  

Law  regulating  Contracts. 

All  interests  or  estates  in  lands  and  hereditaments,  made  or  created  by  lirery  and 
seisin  only,  or  by  parol,  and  not  put  in  Writing,  shall  have  the  force  and  effect  of  leases 
or  estates  at  will  only,  excepting  leases  for  a  term  not  exceeding  three  years,  upon  a 
yearly  reserved  rent  equal  to  two  thirds  of  what  the  premises  are  really  worth  :  and 
no  estate  in  lands  or  hereditaments  is  assignable,  except  in  writing,  or  by  act  and  oper- 
ation of  law. 

No  action  shall  be  brought  whereby  to  charge  any  executor  or  administrator,  or  upon 
any  special  promise,  to  answer  damages  out  of  his  own  estate  ;  or  whereby  to  charge 
the  defendant  upon  any  special  proi.iise  to  answer  for  the  debt,  default,  or  miscarriage, 
of  any  other  person ;  or  to  charge  any  person  upon  any  agreement  in  cousideration  of  mar- 
riage ;  or  upon  any  contract  or  sale  of  lands,  tenements,  or  hereditaments,  or  any  inter- 
est in  or  concerning  them  ;  or  upon  any  agreement  which  is  not  to  be  performed  within 
one  year  from  the  making  thereof,  unless  the  agreement  upon  which  euch  action  shall 
be  brought,  or  some  note  or  memorandum  thereof,  shall  be  in  writing,  and  sicrncd  by 
the  party  to  be  charged  thereby,  or  some  person  by  him  thereunto  lawfully  authorized. 

Declaiations  or  creations  of  trust  in  lands  and  hereditaments  must  be  in  writing, 
signed  by  the  party,  or  by  his  last  will.  Trusts  arising  by  implication  of  law  are  exempt 
from  the  operation  of  the  act 

Judgments  in  the  district  or  supreme  courts  are  liens  upon  the  real  estates  of  the 
parties  against  whom  they  may  be  rendered  from  the  day  of  rendition  thereof  in  the 
county  within  which  such  judgments  may  be  rendered.  Attested  copies  of  such  judg- 
ments, filed  with  the  cl(;rk  of  the  district  court  of  any  other  county,  recorded,  and  en- 
tered upon  the  judgment  docket  of  said  county  also,  are  made  liens  upon  the  estates  of 
defendants  therein  situate,  but  no  execution  csin  issue  upon  such  attested  copy. 

No  contract  tor  the  sale  of  any  goods,  wares,  or  merchandise,  for  the  price  of  thirty 
dollars  or  upward,  shall  be  binding,  except  the  buyer  accept  part  of  the  goods  so  sold, 
and  actually  receive  the  same,  or  give  something  in  earnest,  or  in  part  payment,  or  that 
Bome  note  or  memorandum  in  writing  of  said  bargain,  be  made  end  signed  by  the  par- 
ties to  be  charged  tliereby,  or  their  agents  thereunto  lawfully  authorized. 


Limitation  of  Actions. 

All  actions  of  trespass,  detinue,  trover,  and  replevin,  for  taking  away  goods,  &c, ; 
actions  for  arrearages  of  rent  due  on  parol  demise ;  actions  of  account  and  upon  the 
case,  except  for  slander  and  malicious  prosecution,  and  such  actions  as  concern  the 
trade  of  merchandise  between  merchant  and  merchant,  their  factors  or  agents,  must  be 
commenced  within  five  years  after  the  cause  of  action  accrues.  Actions  of  trespass  for 
assault  and  battery,  wounding,  and  imprisonment,  must  be  commenced  within  two 
years.  Actions  on  the  case  for  slanderous  words  must  be  commenced  within  one  year 
after  the  words  spoken,  and  actions  for  malicious  prosecution  within  two  years  after 
the  cause  of  action  accrues.  Actions  of  debt  or  covenant  for  rent  or  arrearages  of  rent 
founded  upon  lease,  of  debt  upon  any  single  or  penal  bill,  promissory  note,  or  writing, 
obligatory  for  the  direct  payment  of  money  or  the  delivery  of  property,  or  the  perform- 
ance of  covenants,  or  upon  the  award  of  arbitrators  for  the  payment  of  money  only,  and 
every  action  of  assumpsit,  must  be  commenced  within  six  years  after  cause  of  action 
accrues,  or  after  any  partial  payment  may  have  been  made. 

Judgment  of  any  court  of  record  may  be  revived  by  scire  facias,  or  an  action  of  debt 
may  be  brought  within  twenty  years.  The  right  of  entry  into  any  lands,  tenements,  or 
hereditaments,  is  barred  after  twenty  years  from  the  accruing  of  the  right.     Every  real, 

Eossessory,  ancestral,  or  mixed  action,  or  writ  of  right,  or  action  of  ejectment,  must  be 
rought  within  twenty  years  after  the  right  or  title  accrued,  but  in  case  of  disability 
then  within  twenty  years  after  the  disability  is  removed. 

If  the  person  or  persons  against  whom  any  of  the  foregoing  actions,  except  real  or 
possessory  actions,  are  brought  shall  be  absent  from  the  state  at  the  time  the  cause  of 
action  accrued,  or  at  any  time  during  which  said  action  might  have  been  brought,  such 
ppxiod  of  aljsen.-e  shall  not  be  accounted  part  of  the  time  limited  by  the  act.  The  plain 
tiff,  in  ctntain  cases,  may  bring  a  now  suit  within  one  year  after  judgment  Is  reversal 
OI  given  against  hr.n. 


SPECIAL    LAWS    OF    I»>WA-  3il 

Collection  of  Debts. 

AuuesT. — The  person  of  a  debtor  can  not  be  teken  in  expcution  upon  any  civil  contract 
Attachjoent. — When  any  action  founded  on  contract  is  commenced  or  is  about  to  be 
?ommpnced,  writ  of  attachment  may  be  issued  by  the  clerk  of  the  district  court,  upon 
an  fiffidHvit  that  something  is  due  the  plaiutiti'  irom  tlie  defendant;  that  alKant  bcliovei 
Ihr  d'^fondant  is  a  non-resident,  or  that  he  is  about  to  dispose  of  or  remove  his  property, 
with  intent  to  defraud  his  creditors;,  or  that  he  has  absconded,  so  that  ordinary  procesa 
c«n  not  be  served  upon  him.  Such  writ  may  be  leA-ied  upon  any  lands,  tenements,  goods 
chattels,  riglita,  credits,  moneys,  or  effects,  of  said  debtor,  which  may  be  found  in  the 
county,  or  so  much  thereof  aa  may  be  sufficient  to  pay  the  debt,  together  with  iuter'-tta 
and  costs  of  smt 


Deeds. 


EvEBT  inetrumexU  of  writing  conveying  any  real  estate,  or  whereby  any  real  estate 
may  be  afl'ected  in  law  or  equity,  must  be  proved  and  acknowledged,  and  recorded  in 
the  office  of  the  recorder  of  the  county  in  which  such  real  estate  is  situate.  Such  re- 
cording  ia  notice  to  all  the  world,  and  uo  such  instrument  is  valid  except  between  tho 
parties  thereto,  until  deposited  with  the  recorder  for  record. 

Deeds  and  conveyances  may  be  acknowledged  before  any  conrt  having  a  seal,  justice 
or  clerk  thereof,  a  justice  of  the  peace,  or  notary  public.  If  before  a  justice  of  the  peace 
in  a  county  different  from  that  in  which  the  property  is  situate,  it  must  be  accompanied 
by  the  certificate  of  the  clerk  of  the  district  court  of  the  county,  that  the  justice  was,  at 
the  time  of  taking  said  acknowledgment,  an  acting  justice  of  the  peace  for  such  county. 
The  certiticatr  ofacknowledgnjent  mu^t  state  that  the  person  making  such  acknowledg- 
ment  was  personally  known  to  the  officer  to  be  the  same  whose  name  Is  subscribed  to 
the  instiument  as  party  thereto,  or  waa  proved  to  be  such  by  kt  least  one  witness,  wliose 
came  must  \>e  inserted. 

The  certificate  of  acknowledgment  of  a  married  woman  must  state  that  she  was  per- 
sonally known  to  the  officer  taking  the  same,  to  be  the  person  whose  name  is  subscribed 
to  such  conveyance;  that  she  waa  made  acquainted  with  the  contents  of  such  convey- 
ance, and  acknowledged  on  examination,  apart  from  her  husband,  that  sheexecuttHl  the 
same,  and  relinquished  her  dower  in  the  real  estate  therein  mentioned,  freely  and  with- 
<out  compulsion  or  undue  infiuence  of  her  husband. 

(The  form  of  acknowledgment  ia  the  same  as  in  Missouri,  page  320.) 


Rights  of  Married  "Women. 

Ant  married  woman  may  become  seized  or  possessed  of  any  real  estate  by  descent, 
bequest  demise.  i:ift,  purchase,  or  distribution,  in  her  own  name,  and  as  of  her  own 
property,  j)riivid«-d  that  the  same  does  not  come  from  her  husband,  and  is  not  purcha-^ed 
with  the  funds  or  property  of  the  husband  during  coverture.  Proi)erty  so  held  by  any 
iiiai  rii(l  woman  ia  in  no  caae  liable  for  the  debts  of  her  husband.  The  control  and  man- 
h  J.  M.-iit  of  such  estiite,  the  aimual  products,  and  rents  and  profits  of  the  same,  remain 
t.i  t!i>-  husband.  Suits  in  relation  to  tlie  property  must  be  in  the  joint  name  of  the  hus- 
band and  wife.  Such  real  estate  may  be  conveyed  by  the  joint  deed  of  the  huuband 
and  wife,  executed,  proved,  acknowledged,  and  recorded,  as  above. 

Dow£k. — The  cutumou-law  right  of  dower  exists  in  thia  state. 


Rate  of  Interest 

Fhe  legal  nite  of  Intprest,  when  no  other  is  agre«;d  upon,  and  upon  all  judgments,  is 
•ix  p<,'r  cent;  l»ut  parties  may  agree  upon  any  rate  not  exceeding  ten  per  cenu  Ill<)gal 
Interest  may  be  recovered  by  tho  proper  suit 


Wills. 


Att  win»,  except  nuncupative,  muat  be  in  writing.  eJgned  by  the  testator,  or  by  sohm 
persuii  in  hi"  v '  ••'■nee  and  by  hia  express  direction,  and  attested  and  sub.<cribe(l  in  his 
pr<'«<  I  •  mori!  competent  witnesses.     Subseciuent  incompetcnov  of  the  wit» 

nt«»  -^  ale  the  will.     Nuncupative  wilU,  proved  by  two  compei.  nt  witnf^»- 

•es,  w  .  of  the  catnte  does  not  exc<!ed  three  hundred  dollars,  are  vaii*!. 

Sijldicm  h<  in:,'  in  Ri'tual  service,  and  mariners  being  at  aea,  may  dispose  of  Ihoir 
and  other  peraonal  property  by  nuncupritivo  wilL  ' 

-        Hd*  m 


>ir 


11  W I  i  ®  ©  1  i  I  i.  kp 


342 


31J 


344.  SPKCIAL    LAWS    OF    WISCONSIN. 


WISCONSIN. 

Constitution  adopted,  1848.— Square  Miles,  53,924.— Population  in  1850^  3G4^S1 

Exemptions. 

-      -' ^        No  property  hereinafter  mentioned  or  repreecntetr 

;     shall  be  liable  t(»  attachment,  execution,  or  sale,  on  aixy 
;     iinal  process  issued  from  any  court  of  this  state : — 

1.  The  family  Bible. 

2.  Family  pictures,  schoolbooks,  or  library. 

3.  A  seat  or  pew  in  any  house  or  place  of  public  woj- 
sbip. 

4.  The  rites  of  burial  of  the  dead. 

5.  All  wearing-apparel  of  the  debtor  and  his  family  ; 
all  beds,  bedsteads,  and  bedding,  kept  and  used  for  tlje 
debtor  and  his  family  ;  all  stoves  and  apjiendngos  pm 
«P  or  kept  for  the  use  of  the  debtor  and  his  family;  all 

oooking-utensils,  and  all  other  household  furniture  not  lierein  enumerated,  not 
exceeding  two  huixlred  dollars  in  value. 

6.  Two  cows,  ten  swizie,  one  yoke  of  cx6n,  and  one  horse  ;  or,  in  lieu  of  one 
yoke  of  oxen  and  a  horse,  a  span  of  horses ;  ten  sheep,  and  the  wool  from  the 
same,  either  in  the  raw  material  or  manufactured  into  yarn  or  cloth  ;  the  neces- 
sary food  for  all  the  stock  mentioned  in  this  section  for  one  year's  support,  eitlier 
provided  or  growing,  or  both,  as  the  debtor  may  ciioose ;  also  one  wagon,  cart,  or 
dray;  <H\e  sleigh,  one  plough,  one  drag,  and  other  farming  utensils,  mcludiug 
tackle  for  teams,  not  exceeding  fifty  dollars  in  value. 

7.  The  provisions  for  the  debtor  and  his  family  necessary  for  one  year's  sup- 
port, either  provided  or  growing,  or  both,  and  fuel  necessaiy  for  one  year. 

8.  The  tools  and  implements,  or  stock  in  trade,  of  any  mecbauic,  miner,  or 
other  pei-son,  used  and  kept  lor  the  purpose  of  carrying  on  his  trade  or  business, 
not  exceeding  two  hundred  dollars  in  value  ;  the  library  and  implements  of  any 
professional  man,  nor.  exceeding  two  hundred  dollars  in  value:  all  of  which  arti- 
clef,  hereinbefore  intended  to  be  exempt,  shall  be  chosen  by  the  debtor,  his  agent, 
iervant,  clerk,  or  legal  representatives,  as  the  case  may  be. 

9.  All  moneys  arising-  from  insurance  of  any  property  exempted  from  sale  on  execution 
when  such  property  has  been  destroyed  by  fire. 


Homestead-Exemption  Law. 

A  H0ME8TKAD,  consistin?  of  any  quantity  of  laBd.  not  exceeding:  forty  acres,  used  for 
agricultural  purposes,  and  the  dwelling:  house  thereon  and  its  appurtenances,  to  be  selected 
by  the  owner  thereof,  and  not  included  in  any  town-plot,  or  city,  or  villasre ;  or  instead  thereof, 
at  the  option  of  the  owner,  a  quantity  of  land  not  exceeding  in  nmSunt  one  fourth  of  an 
acre,  hemg  withm  a  recorded  town-plot,  or  city,  or  villasje.und  the  dwellin8--house  therfof 
and  its  appurtenances,  owned  and  occupied  by  any  resident  of  the  state,  shall  not  he  eut>- 
ject  to  forced  sale  on  execution,  or  any  other  final  process  froia  a  court,  for  any  debt  or  lia- 
bility  contracted  after  the  first  day  of  January,  one  thousand  ei^ht  hundred  and  forty-nine. 

Such  exemption  shall  not  affect  any  laborers'  or  mechanics'  lien,  or  extend  to  any  niort- 
gatre  thereon  lawfully  obtained  ;  but  such  morte-afee  or  other  alienation  of  such  land  by  th? 
owner  thereof,  if  a  married  man,  shall  not  be  valid  without  the  eienuture  of  the  wife  to  the 
Bame. 

Such  real  estate  as  is  now  exempt  from  forced  sale  on  execution  or  any  other  final  process 
from  a  court,  as  the  homestead  of  a  family,  shall  likewise  after  the  death  of  the  owner 
thereof,  he  exempt  from  the  payment  of  his  debts  hereafter  contracted,  m  all  cases  in  which 
ar.v  mfunt  children  of  the  said  owner  shall  survive  the  death  of  such  owner,  and  no  exe<t^ 
lor  or  administraffjr  shall  have  a  right  to  the  possession  of  any  real  estate  so  exen  pted,  » 
to  vhe  rents  or  profits  of  the  saiiw. 


SPECIAL    LAWS    OF    VVISCONSLX.  345 

Any  person  owning  and  occupying  any  dwelling-house  on  land  not  his  own, 
which  land  he  shall  he  rightfully  in  posst- ssion  o(  by  lease  or  otherwise,  and  olaiin- 
iug  such  house  as  his  homestead,  shall  be  entitled  to  the  exemption  of  such  house. 


Mechanics'  Lien. 

Section  1,  of  chapter  120  of  tlie  Revised  Statutes  was  amended  March  15. 
1855,  so  as  to  read  as  follows :  Every  dwelling-house  and  other  buildings  here- 
after constructed,  erected,  or  repaired,  all  machinery  hereafter  constructed,  put 
ap  or  repaired  in  such  manner  as  to  become  a  fixture,  within  the  State  of  Wis- 
consin, to;rclher  with  the  right,  title,  and  interest,  of  the  person  or  persons  own- 
ing such  dwelling-house,  building,  or  machinery,  in  and  to  the  land  upon  wiiich 
thii  same  shall  be  situated,  not  exceeding  forty  acres,  or  if  within  the  limits  of  any 
incorporated  city  or  village  plot,  the  lot  on  which  such  dwelling-houses,  buildings, 
or  machinery,  shall  be  situated,  not  exceeding  in  extent  one  acre,  shall  be  subject 
to  the  debts  contracted  for,  or  by  reason  of  any  work  done  or  materials  found,  and 
provided  by  any  bricklayer,  stonecutter,  mason,  lime  merchant,  carpenter,  painter 
and  glazier,  ironmonger,  plasterer,  lumber-merchant,  machinist,  or  any  other  per- 
son employed  in  erecting  or  furnishing  materials  in  the  erection,  construction,  or 
repairing  of  such  dwelling-house,  building,  or  machinery,  before  any  other  lien 
which  originated  subsequent  to  the  commencement  of  such  house-building  or  re- 
pairs. Section  tv^ro  of  said  chapter  one  hundred  and  twenty,  shall  be  constiued 
so  as  to  comply  with  section  one  of  this  act. 

The  law  allows  action  to  be  commenced  against  executors  and  adminLstrntora 
to  perfect  a  lien.  Sub-contractors  must  give  notice  to  the  owner  within  thirty 
days  after  the  work  is  done  or  materials  furnished  to  the  owner,  or  be  debaned 
from  their  lien.     Lien  to  contiuue  only  one  year. 


Chattel  Mortgages. 

No  mortgnge  of  personal  property  hereafter  made,  shall  be  valid  against  any 
other  person  than  the  parties  thereto,  unless  possession  of  the  mortgaged  property 
be  deliverei  to  and  retained  by  ihe  mortgagees,  or  unless  the  mortgage,  or  a 
copy  thereof  he  filed  in  the  office  of  the  town-clerk  where  the  mortgager  resides, 
or  in  rase  he  does  not  reside  in  the  state,  in  the  town  where  the  property  mort- 
gaged may  be  at  the  time  of  executing  the  same  ;  and  such  clerk  shall  endor<4U 
ou  such  instrument  or  copy,  the  time  of  receiving  the  same. 


Law  regulating  Contracts. 

In  the  following  cnsos,  every  agreement  shall  bo  void,  unless  snch  agreement, 
or  some  note  or  memorandum  thereof,  expressing  the  consideration,  be  in  wri- 
ting, and  subscribed  by  the  party  charged  therewith : — 

1.  Every  agreement  that  by  the  terms  is  not  to  be  performed  within  one  year 
Gnom  the  making  thereof. 

9.  Every  special  promise  to  answer  for  the  debt,  default,  or  miscarriage,  of  an- 
other person. 

3.  Every  agreement,  promise,  or  undertaking,  made  upon  consideration  of  nmr- 
riat'c,  except  routunl  promises  to  marry. 

Every  ermtract  for  the  sale  of  any  goods,  chattels,  or  things  in  action,  for  the 
price  of  fifty  dollars  or  more,  sljall  be  void,  unless — 

1.  A  note  or  memorandum  of  such  contract  be  made  in  writing,  and  be  sub- 
■criVied  by  the  parlies  to  be  charged  therewith. 

9.  Unlr-sslhe  buyer  shall  arce|»t  and  receive  part  of  such  goods,  nr  the  evj- 
denccs.  or  mime  of  them,  of  such  things  in  action. 

3   Unless  tlw  buyer  ihall,  at  the  time,  pay  some  part  of  the  purchase-money. 


346  SPECIAL    LAWS    OF    WISCONSIN. 


Limitation  of  Actions. 

Actions  for  the  recovery  of  lands  must  be  brought  within  twenty  j-ears  aftei 
the  cause  of  action  accrued. 

Infants,  persons  insane,  imprisoned,  and  married  women,  have  ten  years  after 
the  removal  of  tlieir  disability. 

The  follovi^ing  actions  shall  be  commenced  within  six  years  next  after  the  cause 
of  action  shall  accrue,  and  not  afterward: — 

1.  All  actions  of  debt  founded  upon  any  contract  or  liability  not  under  seal, 
SKcept  such  as  are  brought  upon  the  judgment  or  decree  of  some  court  of  record 
of  the  United  States,  or  of  any  state  or  territory  of  the  United  States. 

2.  All  actions  upon  judgments  rendered  in  any  court  not  being  a  court  of  record. 

3.  All  actions  for  arrears  of  rent. 

4.  All  actions  of  assumpsit,  or  on  the  case,  founded  on  any  contract  or  liability 
express  or  implied. 

5.  All  actions  for  waste  and  for  trespass  on  land. 

6.  All  actions  of  replevin,  and  all  other  actions  for  taking,  detaininff,  or  inlnrinff 
goods  or  chattels.  d»         j        bt 

7.  All  other  actions  on  the  case,  except  actions  for  slanderous  words  and  libels. 
All  actions  for  assault  and  battery,  and  for  false  imprisonment,  hnd  all  actions 

for  slanderous  words  and  for  libels,  shall  be  commenced  within  two  years. 

None  of  the  foregoing  provisions  shall  apply  to  any  action  brought  upon  a  prom- 
issory note  which  is  signed  in  the  presence  of  an  attesting  witness,  provided  the 
action  be  brought  by  the  original  payee,  or  by  his  executor  or  administrator :  nor 
to  an  action  brought  upon  any  bills,  notes,  or  other  evidences  of  debt,  issued  bv 
any  bank.  ^ 

In  all  actions  brought  to  recover  the  balance  due  upon  a  mutual  and  ©pen  ac- 
count current,  the  cause  of  action  shall  be  deemed  to  have  accrued  at  the  time 
of  the  last  item  proved  in  such  account. 

It  shall  be  lawful  for  any  person  against  vehom  any  action  shall  be  commenced  in  any 
court  of  this  state,  when  the  cause  of  action  accrued  without  the  state,  upon  a  contract 
or  agreement,  express  or  implied,  more  tlian  six  years  before  the  commencement  of 
the  action,  or  upon  any  sealed  or  attested  instrument  in  writing,  a  judgment  or  derree 
of  any  court  more  than  ten  years  before  the  commencement  of  the  action,  to  plead  the 
flame,  and  give  the  same  in  bar  of  the  plaintitf's  right  of  action. 

All  personal  actions  on  any  contract  not  limited  by  the  foregoing  or  by  any  other  law 
of  this  state,  shall  be  brought  within  twenty  years  after  the  accruing  of  the  cause  of  action 

Persona  under  age,  msane,  imprisoned,  or  absent  from  the  United  States,  and  married 
women,  may  have  the  same  periods  respectively  after  the  removal  of  their  disability. 

rhe  provisions  of  this  chapter  shall  not  be  deemed  as  coverinjr  any  action  cited  in 
Nos.  1  to  7,  wherein  it  may  be  shown  by  the  plaintiff,  that  the  person  pleading  limitation 
has  withm  the  six  years  been  known  by  another  name,  or  when  the  fact  is  c8tablisbp<l 

u-  u  u  *^  changed  his  name,  or  answered  habitually  to  a  different  name  irom  that  hv 
which  he  was  known  when  the  debt  or  liability  was  incurred 


,  Collection  of  Debts. 

r^i.lT.^ff-'^™''^'^""^"  attachment  may  issue  against  the  property  of  a  debtor  when  the 
Pn^.h  Jh  Z  T'"^''-'''.-^  ^'^  ^""^"^l'  ?^''"  "'^^'■'  «"  ^ffi-^avit,  stating  that  the  defendant  is 
indebted  to  the  planitiff,  and  specifymg  the  amount  of  such  debt  over  and  above  all  sr-t- 
otts,  and  that  the  same  la  duo  on  contract,  express  or  implied,  or  upon  judgment  or  de- 
to  bVlieve  (Tther-"^'  ^"'■^^•''■'  ^  ^t^^ment  that  the  deponent  knows  or  has  good  reason 

1.  That  tke  delendarit  has  absconded  or  is  about  to  abscond  from  this  state,  or  that  he 
irooncealed  therein,  to  the  injury  of  his  creditors ; 


2.  That  the  defendant  has  recigned,  disposed  of,  or  concealed,  or  is  about  to  assism. 
dispose  of,  or  conceal,  any  of  his  property,  with  intent  to  defraud  his  creditors  ,  or- 


SPECIAL    LAWS    OF    WISCONSIN.  347 

8.  That  tht-  defendant  is  not  R  resident  of  this  state  ;  or — 

6.  That  the  df-f'-ndnnt  Is  a  foreiprn  corporation  ;  or — 

7.  That  the  defendant  has  fraudulently  conveyed  or  disposed  of  his  property;  <^r  )| 

1*irt  of  it,  or  is  about  Iraudulently  to  convey  or  dispose  of  the  same,  or  a  part  ot  it,  with 
ntcnt  to  defraud  his  creditors. 

Arrest — No  person  shall  be  imprisoned  for  debt  arising  out  of  or  founded  on  a  con- 
trkct,  express  or  implied. 


Deeds. 

Co?»vBTANCT?s  of  lands,  or  of  any  estate,  or  interest  therein,  may  be  by  deed,  siirned 
•nd  sealed  by  tlie  person  from  whom  the  estate  or  interest  is  intended  to  pass,  being  oi" 
lawful  age,  or  by  his  lawful  agent  or  attorney,  and  acknowledged  or  proved  and  re- 
cordf-d  as  directed  (below),  without  any  other  act  or  ceremony  whatever. 

Deeds  executed  within  this  state  of  lands  or  any  interest  therein,  shall  bo  executed  in 
the  presence  of  two  witnesses,  wIk.  shall  subscribe  their  names  to  the  same  as  such  ;  and 
the  persons  executing  such  deeds  may  acknowledge  the  execution  thereof  before  any 
judt'o  or  commissioner  of  a  court  of  record,  or  before  any  notary  public  or  justice  of 
the  peace  within  the  state,  or  clerk  of  any  court  of  record,  or  clerk  of  the  board  of  super- 
visors of  any  county  of  this  state  within  their  respective  counties ;  and  the  officer  taUint; 
•urh  acknowledgment  shall  endorse  thereon  a  certificate  of  the  acknowledgment  thereof, 
and  the  true  date  of  making  the  same,  under  his  hand. 

If  executed  in  any  other  state,  territory,  or  district  of  the  United  States,  snch 
jeed  may  be  executed  according  to  the  laws  of  such  state,  territory,  or  district ; 
tnd  tlie  execution  thereof  acknowledged  before  any  judge  of  a  court  of  record, 
notary  public,  justice  of  the  peace,  master  in  chancery,  or  other  officer  authorized 
oy  the  laws  of  such  state,  territory,  or  district,  to  take  the  acknowledgment  of 
deeds  tlierein,  or  before  any  commissioner  appointed  by  the  governor  of  this  state 
iar  such  purpose. 

In  tlie  caxes  provided  for  in  the  last  preceding  section,  unless  the  acknowledg- 
ment be  taken  before  a  commissioner  appointed  by  the  governor  of  this  state  for 
that  purpose,  such  deed  shall  have  attached  thereto  a  certificate  of  tlie  clerk  or 
other  proper  certifying  oflicor  of  a  court  of  record  of  the  county  or  district  within 
which  such  acknowledgment  was  taken,  under  the  seal  of  his  olbcc,  that  tiio 
person  whose  name  is  subscribed  to  the  certificate  of  acknowledgment,  was,  at 
tlie  date  thereof,  snch  officer  as  he  is  therein  represented  to  be  ;  that  he  belicvea 
the  signature  of  such  person  subscribed  thereto  to  be  genuine  ;  and  that  the  deed 
is  executed  and  acknowledged  according  to  the  laws  of  such  state,  territory,  or 
district 

If  in  aibreign  country,  then  before  a  notary  public,  or  minister  plenipotentiary, 
or  minister  resident,  or  consul,  appointed  to  reside  therein. 

When  any  married  woman  residing  in  this  state,  shall  join  with  her  Imsbacd 
in  any  deed  or  conveyance  ot,  or  relating  to  real  estate,  situate  within  this  state. 
or  when  she  alone  without  joining  with  her  husband,  shall  execute  a  release  of 
d<iwer,  her  acknowledgment  or  the  jiroof  of  the  execution  of  such  deed,  convey- 
ance, or  release,  may  be  taken  and  certified  the  same  as  if  she  were  sole,  and  if 
■<)  taken  and  certified  shall  entitle  such  deed,  conveyance,  or  release,  to  be  re- 
o.rded. 

Form  of  Acknowledgment. 
State  of  Wisconsin,  ) 

County  of  Dod^e,  ] 

Be  it  remembered,  that  on  this  tenth  day  of  Mnrrk,  one  thou!»and  eight  hun- 
dred And  Jiffy  one,  before  me,  John  Jo.sfs,  a  notary  jrtiliHc,  In  and  for  said  coun- 
ty, personally  appeared  John  Dojt  and  Susan  hix  wife,  to  me  known  to  be  tha 
persons  descrilKjd  in  and  who  executed  the  foregoing  deed,  and  severally  ao- 
toowlcdged  that  they  executed  the  same. 

(8cal.J  JOHN  JONES,  ^'olary  Public. 


348  SPECIAL    LAWS    OF    WISCONSIN. 

Deeds  must  be  recorded  in  the  office  of  tiie  legister  or  deeds  of  the  conntj 
TPhere  the  lands  lie. 

A  ficroll  or  device,  used  as  a  seal,  shall  have  the  same  effect  as  a  seal ;  but  this 
doe»»  not  apply  to  official  seals. 


Rights  of  Married  Women.     • 

The  widow  ehall  be  entitled  to  dower  of  one  third  of  all  the  lands  whereof  her  husband 
was  se)z.ed  of  an  estate  of  inheritance  at  ar.yrl22e  during  the  raarriege,  unless  bhe  is  law- 
fully barred. 

The  real  estate,  and  the  rents,  ssuee,  and  profits  thereof,  of  any  female  now  married,  shall 
pot  be  8ub]ect  to  the  disposal  of  her  husband-  but  shall  be  her  sole  and  separate  property,  as 
if  ."he  were  a  single  female.  '  y  y    i      :iy 

The  real  and  personal  property  of  any  female  who  may  hereafter  marry,  and  which  she 
Wiall  own  at  the  time  of  marriage,  and  the  rents,  issues,  and  profits  thereof,  shall  not.be  aub- 
Ject  to  the  disposal  of  her  husband,  nor  be  liaoie  for  his  debts,  and  shall  continue  her  sole 
and  separate  prof>erty. 

Any  married  female  may  receive  by  inheritance,  or  by  gift,  grant,  devise,  or  bequest,  from 
any  person,  other  than  her  husband,  and  hoia  lu  her  sole  and  separate  use,  and  convey  and 
devise,  real  and  personal  property,  and  any  interest  or  estate  therein,  and  the  rents,  issues, 
and  proftfs,  in  the  same  manner  and  with  like  eflfect  as  if  she  were  unmarried,  and  the  sam? 
shall  not  be  subject  to  the  disposal  of  her  husband,  nor  be  liable  for  his  debts. 

Any  policy  of  insurance  made  by  any  insurance  company  on  the  life  of  any  person,  ex. 
pressed  to  be  for  the  benefit  of  a  married  woman,  whether  tlie  same  be  effected  by  suck 
married  woman,  or  by  her  husband,  or  by  anyotber  person,  on  her  behalf,  shall  enure  to  hei 
sole  and  separate  use  and  benefit  and  that  of  her  children,  if  any,  independently  of  her  hue- 
band  and  of  his  creditors  and  representatives,  and  also  independently  of  any  other  person 
eBecting  the  same  m  her  behalf,  his  creditors  and  representatives  ;  and  in  case  of  the  death 
of  the  husband  of  such  married  woman,  sucn  policy  and  the  benefit  thereof  shall  not  go  t« 
h;s  executors  or  administrators,  but  shall  belong  to  such  married  woman,  and  shall  be  foi 
lier  sole  use  and  behoof  and  that  of  her  children. 

\n  case  of  the  death  of  any  married  womaii  fc-r  whose  benefit  and  that  of  her  children  such 
policy  of  insurance  was  effected,  it  shall  and  may  be  lawful  for  any  court  having  authority 
to  appoint  guardians  for  the  minor  children  o"f  such  deceased  married  woman,  which 
giiardian  so  appointed  shall  have  power  to  ho'.d  and  manage  the  interest  of  such  minor 
children  m  any  such  policy  or  the  proceeds  thereof 

Any  married  woman,  whose  husband,  either  from  drunkenness,  profligacy,  or  from  any 
other  cause,  shall  neglect  or  refuse  to  provide  for  her  support,  or  for  the  support  and  edu- 
cation of  her  children;  and  any  married  woman  wlio  may  be  deserted  by  her  husband,  shall 
have  the  right  in  her  own  name,  to  transact  business,  and  to  receive  and  collect  her  own 
earnings  and  the  earnings  of  her  own  minor  children,  and  apply  the  same  for  her  own  sup- 
port, and  the  support  and  education  of  such  children,  free  from  the  control  and  interference 
of  her  husband,  or  any  person  claiming  the  same,  or  claiming  to  be  released  from  the  same 
by  or  through  her  husband :  Provided,  That  if  it  is  denied  by  plea,  that  either  of  the  causes 
enumerated  in  this  act,  as  entitling  the  married  woman  to  sue  in  her  own  nama^exisls,  in 
point  of  fact,  then  the  issue  upon  this  plea  shall  be  tried  and  determined  by  the  jury  trying 
the  case,  with  the  other  issues  submitted.  The  issue  upon  this  plea  shall  be  tried  and  de^ 
termined  by  the  jury  trying  the  case,  with  the  other  issues  submitted.— ^/>.,  March  23,  18.55. 

Rate  of  Interest. 

Any  rate  of  interest,  not  exceeding  twelve  per  cent.,  agreed  upon  by  the  parties  in  con- 
tract, epecifyina;  the  same  in  writing,  is  legal  and  valid  ;  if  more  be  taken,  the  person  paying 
may  recover  treble  the  amount  paid,  if  action  be  commeuced  within  one  year  after  such  pay- 
ment. When  no  rate  of  interest  is  agreed  upon  or  specified  in  a  note  or  other  contract, 
seven  per  ceat.  per  annum  shall  be  the  legal  rate. 


Wills. 

No  will  made  within  this  state,  except  such  noncnpative  wills  as  are  mentioned  In  section 
numbered  six,  of  chapter  sixty-six  of  the  Revised  Siatntes,  sliall  be  eflectual  to  pass  any  es- 
tate, whether  real  or  personal,  nor  to  change  or  in  anv  way  affect  the  same,  unless  it  be  in 
writing,  and  signed  by  tbe  testator,  or  by  some  person  in  his  presence,  and  by  his  express 
direction,  and  attested  and  subscrilied  in  the  presence  of  the  testator  by  two  oranore  com- 
petent witnesses,  and  if  the  witnesses  are  competent  at  the  time  of  attesting  the  execution 
of  the  will,  their  sul)8equent  incompetency,  from  whatever  cause  it  may  arise,  shall  nc  pre- 
vent the  probate  and  allowance  of  the  will,  if  it  be  otherwise  satisfactorily  proved 


SPECIAL    LAWS    OF    MLWESOTA.  SJO 


MINNESOTA. 

Territory  organized,  1849.— Square  Miles,  166,000,— Population  in  18o5,  56,000. 

1 

Exemptions. 

The  following-named  pr^erty  shall  be  exempt 
from  sale  under  any  execution,  writ  of  attachment, 
lor  any  other  final  process  of  a  court:  1.  All  spinning- 
[  wheels,  weaving-looms,  wiih  their  apparatus,  and  all 
istovep  and  pipe."?,  with  their  utensils,  i)nt  up  or  kept  in 
I  any  dwelling-house  ;  2.  A  seat,  pew,  or  slip,  occupied 
by  any  person  or  family,  in  any  house  or  place  of  pub- 
lic worship;  3.  All  cemeteries,  monuments,  tombs,  and 
rights  of  burial,  while  in  use  as  repositories  of  the  dead  ; 
4.  All  arms  and  kccoutremenls  required  by  law  to 
be  kept  by  any  person;  5.  All  wearing  apparel  of 
every  person  or  family;  6.  The  miscellaneous  library,  and  school  book.s,  of  every 
individual  and  family,  not  exceeding  in  value  one  hundred  and  fifty  dollars,  and 
■II  family  piclures;  7.  To  each  householder  ten  sheep,  with  their  fleeces,  and 
the  yarn  and  clf)th  manufactured  from  the  samf,  two  cows,  five  swine,  and  pro 
visions  and  fuel  for  the  comfortable  subsistence  of  such  householder  and  family 
for  six  months ;  8.  To  each  householder,  all  household  goods,  furniture,  and  uten- 
•ila,  not  exceeding  in  value  two  hundred  and  fifty  dollars;  9.  The  tools,  imple- 
ments, material,  stock,  apparatus,  team,  vehicle,  horses,  harness.  library,  or  other 
things,  to  enable  any  person  to  carr>'  on  the  profession,  trade,  occupation,  or  business, 
in  which  such  person  may  be  wholly  or  principally  engaged,  not  exceeding  in 
vaKie  two  hundred  and  fifty  dollars  ;  the  word  team,  in  this  subdivision  shall  bo 
construed  to  raean*feither  one  yoke  of  oxen,  a  horse,  or  a  pair  of  horses,  as  the  case 
may  be;  10.  A  sufKcient  Quantity  of  hay,  grain,  feed,  and  vegetables,  necessary 
for  keeping  for  six  months  the  animals  mentioned  in  the  several  subdivisions  ex- 
empted from  execution  ;  and  any  chattel  mortgage,  bill  of  sale,  or  other  lien,  crea- 
ted on  any  part  of  the  property,  except  such  as  is  mentioned  in  the  ninth  subdi- 
vibion  of  this  «ection.  shall  be  void,  unless  such  mortgage,  bill  of  sale,  or  lien,  be 
ligoed  by  the  wife  of  tlie  party  making  such  mortgage,  bill  of  sale,  or  lien! 


1 

V;  V- 

^^te 

1^ 

Homestead  Exemption. 

Thkrk  shall  be  exempt  from  sale  on  execution,  or  other  process  of  a  court,  a 
honwsteod ;  that  is  to  say,  the  land,  and  buildings  thereon,  occupied  as  a  resi- 
dence and  owned  by  the  debtor,  he  or  she  being  a  householder,  to  the  value  of 
one  thousand  dollars ;  snrh  exemption  shall  continue  aflcr  the  death  of  such 
Jioijseholder.  for  the  l)enefit  of  the  widow  and  family,  some,  or  one  of  them,  con- 
tinuing to  occopy  such  h«»mPBtead  until  the  youngest  child  shall  become  twenty- 
nne  years  of  aire,  and  until  the  marriage  or  death  of  the  widow;  and  no  rele.nse 
or  waiver  of  such  exen>pti(>n  shall  be  valid,  unless  the  same  nhall  be  in  writing, 
subscribed  by  such  householder,  and  his  wife,  if  he  have  one,  and  acknowledged 
in  the  same  manner  as  conveyances  of  real  estate  are  by  law  required  to  be  ac- 
knowledged. 

Such  exemption  shall  not  BfToct  any  laborer's,  mechaBic's,  or  other  lien,  for  labor 
performed,  or  materials  furnished  in  the  erection,  alteration,  or  repair,  of  any  biiild- 
iniT.ora.lditiou  thereto,  on  such  land;  norrxt<'nd  to  any  mortgage  thereof  lawfully 
obtained:  nor  to  nny  sale  for  non-payment  of  taxes,  or  assessment  thereon;  nor 
to  any  debts  contracted  or  liabilities  incurred  for  tlie  purchase  of  said  land. 

If,  in  the  opinion  of  the  sheriff  holding  an  execution  against  such  houneliolder, 
the  premi.vs  claimed  by  him  or  her  are  worth  more  than  one  thousand  dollars,  l;o 
ftball  summon  six  qnalillod  jurors  of  this  rounty,  who  shull,  upon  oath,  to  be  a.l- 

30 


""  "~  "  1  H 1 S  ®  f  A.  11 


#  M 1 1 1 1  i  ©  f  1.  i^ 


3Ctl 


352  SPECIAL   LAWS   OF    MINNESOTA. 

ministered  to  them  by  such  sheriff,  appraise  said  premises ;  and  if,  in  the  opinion 
of  the  jury,  the  property  may  be  divided  without  injury  to  the  interest  of  the 
owner  "thereof,  they  shail  set  off  so  much  of  said  premises,  including  the  dwel- 
ling-house, as  in  their  opinion  shall  be  worth  one  thousand  dollars,  and  the  residue 
of  such  premises  may  be  advertised  and  sold  by  such  sheriflf. 

If,  in  the  opinion  of  the  jury,  the  value  of  the  premises  be  more  than  one  thou- 
sand dollars,  and  the  same  can  not  be  divided  as  provided  for  in  the  last  prece- 
ding section,  they  shall  make  and  sign  an  appraisal  of  the  value  thereof,  and 
deliver  the  same  to  the  sheriff,  who  shall  deHver  a  certified  copy  thereof  to  tho 
execution  debtor,  or  to  some  one  of  his  or  her  family  of  suitable  age  to  understand 
the  nature  of  the  same,  with  a  notice  attached,  that  unless  the  execution  debtor 
shall  pay  to  said  sheriff  the  amount  of  such  appraised  value  exceeding  the  sum 
of  one  thousand  dollars,  within  sixty  days  thereafter,  that  said  premises  will 
be  sold  ;  and  in  case  such  execution  debtor  shall  pay  such  excess  to  the  sheriff, 
as  herein  required,  such  premises  shall  not  again  be  subject  to  appraisal  in  like 
manner,  until  the  expiration  of  one  year  after  such  payment. 

in  case  the  amount  over  and  above  one  thousand  dollars  mentioned  in  the  last 
preceding  section  shall  not  be  paid  within  the  sixty  days,  it  shall  be  lawful  for 
the  sheriff  to  advertise  and  sell  the  said  premises,  and  out  of  the  proceeds  of  such 
Bide  he  shall  pay  to  said  execution  debtor  the  said  sum  of  one  thousand  dollars, 
which  shall  be  exempt  for  one  year  thereafter,  and  the  balance  he  shall  apply  on 
euch  execution;  provided,  that  no  sale  shall  be  made  unless  a  greater  sum  than 
one  thousand  dollars  shall  be  bid  for  such  premises,  in  which  case  the  sheriff 
may  return  the  execution  for  want  of  property. 

Every  householder  occupying  lands  and  tenements,  to  which  he  may  have  but 
possessory  title,  by  leave  or  otherwise,  shall  be  entitled  to  the  benefits  of  this  act 
as  fully  as  if  such  lands  and  tenements  were  held  in  fee  simple. 

The  costs  and  expenses  of  appraising  and  selling  off  every  homestead,  or  of 
appraising  the  same  if  not  sold,  as  herein  provided,  shall  be  charged  and  included 
in  the  sheriff's  bill  of  costs  upon  the  execution  or  other  process,  under  which  the 
proceedings  are  bad. 

Mechanics'  Lien. 

All  and  every  dwelling-house  or  other  building  hereafter  constructed  and  erected  within 
the  territory  of  Minnesota,  together  with  the  rig-ht,  title,  and  interest  of  the  person  or  per- 
sons owning  such  dwelling-house  or  other  building  on  and  to  the  land  upon  which  the  same 
shall  be  situated,  not  exceeding  forty  acres,  or  if  erected  within  the  limits  of  any  city,  town, 
or  villa£;e  plot,  the  lot  on  which  such  dwelling-house  or  other  building  shall  be  situated,  not 
exceeding  in  extent  one  acre,  shall  be  subject  to  the  payment  of  the  debt  contracted  for  or 
by  reason  of  any  work  done  or  materials  found  and  provided  by  any  brick-maker,  brick- 
layer, stone-cutter,  mason,  lime-merchant,  carpenter,  painter  and  glazier,  iron-monger,  plas- 
terer, and  lumber-merchant,  or  any  other  person  employed  in  erecting  or  furnishing  material 
for  and  in  the  erection  and  construction  of  such  house  or  other  building  before  any  other  lien 
which  originated  subsequent  to  the  laying  of  stocks,  or  to  the  commencement  of  such  house 
or  other  building. 

If  such  dwelling-house  or  other  building  or  any  portion  thereof  shall  have  been  con- 
structed under  contract  or  contracts  entered  into  by  the  owner  thereof  or  his  or  her  agent, 
wiih  any  person  or  persons,  no  person  who  may  have  done  work  for  such  contractor  or 
contractors  or  furnished  materials  for  him  or  them  on  his  or  their  order  or  authority,  shall 
have  or  possess  any  lien  on  said  house^or  other  building  for  work  done  or  materials  so  fur- 
nished, unless  the  person  or  persons  so  employed  by  such  contractor  to  do  work  or  furnish 
materials  for  euch  building,  shall,  within  thirty  days  after  commencing  work  or  having  fur- 
nished materials  as  aforesaid,  give  notice  in  writing  to  the  owner  or  owners  of  such  build- 
ing or  to  his  or  their  agents,  that  he  or  they  are  so  employed  to  work  or  to  furnish  or  to  have 
furnished  materials,  and  that  they  claim  the  benefit  of  the  lien  granted  by  this  act. 

No  such  debt  for  work  and  materials  shall  remain  a  lien  upon  such  lands,  houses  or  other 
buildintrs  longer  thnn  one  year  from  the  time  of  furnishing  of  materials  or  of  Ih^perform- 
nnce  of  the  labor  unless  a  petition  or  claim  for  the  same  shall  be  filed  and  an  action  for  tho 
reci>very  thereof  be  instituted  within  the  said  year. 

The  claim  or  petition  shall  contain  a^)i-ief  statement  of  the  contract  or  demand  on  which 
it  is  founded  and  of  the  amount  due  thereon,  with  a  description  of  the  premises  and  all  the 
material  factd  in  relation  thert^o,  and  msiy  be  filed  in  the  county  or  circuit  court  of  the  proper 
county,  either  in  term  time  or  in  vac.ition,  either  at  or  before  the  commencement  of  suit. 
No  transfer  of  the  premises  or  property  by  the  owner,  agent,  or  occupant,  shall  in  any  way 
tni-  any  claimanU  from  availing  themselves  of  the  provisions  of  this  act 


SPECIAL    LAWS    OF    MINNESOTA.  353 

Each  and  every  person  having  received  satisfaction  for  his  or  their  debt,  for  which  a  claim 
is  or  has  been  or  shall  be  filed  or  action  broiisrlit,  shall,  at  the  request  of  any  person  inter- 
ested in  the  building,  on  vphich  the  same  was  a  lifin,  or  in  having  the  said  lien  ronioved,  or 
of  bis  or  their  le^al  representative  on  payment  of  the  cost  of  tno  claim  or  action,  and  on 
tender  of  the  cost  of  office  fees  for  entering  siitisfaction  within  six  days  after  8uch  request 
made,  enter  satisfaction  for  the  claim,  in  the  office  where  such  claim  was  or  shall  be  filed, 
in  such  action  brought,  which  shall  for  ever  the^after  discharge,  defeat,  and  release  the 
same. 

If  such  person,  having  received  satisfaction  as  aforesaid,  by  himself  or  his  attorney,  shall 
not  within  six  days  after  the  request  and  payment  of  costs  of  the  claim  or  action,  us  tendered 
as  aforesaid,  by  liimself  or  his  attorney  duly  authorized,  enter  satisfaction  as  aforesuid,  he, 
elie,  or  they  neglecting  so  to  do,  shall  forfeit  and  pay  unto  the  parly  or  parties  aH grieved  ary 
sum  of  money  not  exceeding  one  half  of  the  debt  for  which  the  claim  is  iiled  or  action 
brought  as  aforesaid,  to  be  sued  for  and  recovered  by  the  person  or  persons  damnified,  in 
like  manner  as  other  debts  are  now  recovered  by  existing  laws  for  the  recovery  of  debts. 

In  nil  cases  of  a  lien  created  by  this  act,  the  person  having  a  claim  filed  in  accordance 
with  its  provisions,  may  proceed  to  recover  it  by  a  personal  action  against  the  debtor,  his 
executi>r8  or  administrators,  or  when  the  plaintiff  is  a  sub-contractor,  by  *cire  facia*  against 
the  owner  of  the  building. 

When  the  suit  is  commenced  by  summons  and  judgment  rendered  for  the  plaintifT,  exe- 
cution may  be  issued  and  levied  upon  the  premises,  subject  to  such  time  and  sale  thereof 
to  he  madfi,  in  the  manner  prescribed  by  law  in  ordinary  cases. 

If  any  part  of  the  premises  can  be  separated  from  the  residue,  and  sold  without  damage 
to  the  whole,  and  if  the  value  thereof  shall  be  sufficient  to  satisfy  the  jud^nent  which  may 
be  rendered  and  cost  of  suit  and  expense  of  sale,  the  court  may  order  sale  of  that  part  if  it 
■hall  appear  to  be  most  for  the  interest  of  the  pHrties  concerned. 

The  officer  who  makes  the  sale  shall  give  notice  of  the  time  and  place  appointed  thereof 
in  the  manner  prescribed  in  relation  to  the  sale  of  real  estate,  on  execution,  unless  the  court 
•hall  order  other  and  different  notice  to  be  given,  and  such  officer  shall  give  to  the  purchaser 
a  deed  of  conveyance  of  the  premises  sold,  which  shall  bo  valid  and  effectual  to  pass  all  the 
right,  title,  and  mterest  of  the  defendant  in  and  to  said  premises  absolutely,  whether  the 
•ame  hv  held  in  fee  simple,  for  life,  or  for  years. 

Any  person  or  persons  performing  manual  labor  upon  any  land,  timber,  or  lumber,  for  or 
on  account  of  the  owner,  agent,  or  assignee  thereof,  may  avail  themselves  of  the  foregoing 

fyrovisions  of  this  act,  and  upon  complying  with  the  requirements  thereof,  shall  have  a  like 
ien  thereon  for  the  amount  of  work  atid  labor  done  and  performed,  and  the  said  lien  may 
be  carried  into  force  and  effect  pursuant  to  Ilie  foregoing  provisions  of  this  act. 

All  mechanics'  liena  which  shall  have  been  proved,  shall  lie  as  a  debt  on  the  land  and 
building  on  which  the  work  was  done,  and  be  the  s.imo  as  a  mortgage  on  the  same,  with 
twenty-five  per  cent.  per,annum  until  the  same  be  sold  or  paid. 

Any  person  who  shall  make,  alter,  or  repair,  or  bestow  lalior  on  any  article  of  personal 
property,  at  the  request  of  the  owner  or  legal  possessor  thereof,  shall  have  a  lien  on  such 
property  so  made,  altered,  or  repaired,  or  upon  which  labor  has  been  bestowed,  for  bis  just 
and  reasonable  char>;es,  for  the  labor  he  has  performed  and  materials  he  has  furnished,  and 
•uch  person  may  hold  and  retain  possession  of  the  same  until  such  just  wnd  rea8onal)le  char- 
ges anall  be  paid,  and  if  they  be  not  paid  within  three  months  after  the  labor  shall  have  been 
performed,  or  the  materials  furnished,  such  person  having  such  lien  may  proceed  to  sell  the 
ytn.u,  r'v  liv  him  so  made,  altered,  or  repaired,  or  upon  which  labor  has  been  bestowed,  at 
n.  by  giving  public  notice  of  such  sale  by  advertisement  for  three  weeks  in 
.per  published  in  the  county,  or  if  there  be  no  such  paper  in  the  county,  then 
utiUri'  of  such  sale  in  three  of  the  most  public  pluces  in  the  couuly,  three 
.;.• ;  and  the  proceeds  of  such  sale  shall  be  applied  first  to  "the  dis- 
cosis  and  expense  of  keeping  and  selling  such  property,  and  the 
paid  over  to  the  owner  thereof.    The  provisions  of  this  and  the 

: V,. .i.ierfere  with  any  special  agreement  of  parties. 

Any  persui)  who  is  a  common  carrier,  and  any  person  who  shall,  at  the  request  of  the 
ow^er  or  lawful  possessor  of  any  personal  property,  carry,  convey,  or  transport  the  same 
from  one  place  to  another,  and  any  person  who  shall  safely  keep  or  store  any  perscmal  prop- 
erty, at  the  request  of  the  owner  or  lawful  possessor  thereof,  shall  have  the  same  lien,  and 
th«  Mune  power  of  sale,  for  the  satisfHction  of  his  reasonable  charges,  npon  the  same  coudU 
tUtOB  aud  restrictiou  as  provided  in  the  preceding  sectioua 


Chattel  Mortgages. 

Ant  mortgage  of  pcrsnnal  property, or  a  copy  tlioreof  maybe  filed  in  the  ofUco 
of  ilio  reyister  of  dneds  of  any  c«)unty  where  the  piortgager  exccntinp  the  snmo 
rrHJ.K-s,  or  ill  case  he  ia  a  noii  reaident  ot  tlio  lenit<M-y,  then  in  the  oflire  of  the 
1  l.t?  county  wliere  the  properly  mortgajj^e*]  may  he,  at  lht«  time  of  exe- 

mortgajije;  and  aurh  register  shall  endorse  on  such  iiistrurntMit  or 
'    ,  ,  "e  of  receivhig  the  same,  and  shall  keep  the  same  in  hia  office  for  the 

iiinpectiuti  of  all  persons;  and  anch  mortgages  »o  iiled  ahnli  bo  aa  valid  as  if  the 
■nme  had  been  recorded  iu  the  oflioo  of  the  register  of  deeils.  See  also  "  Kxcinp- 
tiooa." 


354  SPECIAL    LAWS    OF    MINNESOTA. 

Law  regulating  Contracts. 

r.^,11^  ^ff^  "I  ^'^!'  ^^^  f^^^ey'^'^ces.  and  all  transfers  or  assignments,  verbal  or 
w.uten,  of  goods,  chatteJs  or  things  in  action,  made  in  trust  for  the  use  of  the 

?e~  rotr  p^eir'  ^'^"  '^  '^''^ ''  ^^^^-^ '''  ^-'-^'--  --'-"^  -  ^^ 

In  the  following  cases  every  agre'ement  shall  be  void,  unless  such  agreement, 
or  some  note  or  memorandum  thereof  expressing  the  consideration,  be  In  wS- 
and  subscribed  by  the  party  charged  therewith:  1.  Every  agreement  that  by 
the  terms  js  not  to  be  performed  within  a  year  from  the  makinl  thereof;  2  Ev- 
ery special  promise  to  answer  for  the  debt,  default,  or  miscarriage  of  another  ner- 
son;  J.  Every  agreement,  promise,  or  undertaking,  made  upon  consideration  of 
marriage,  except  mutual  promise  to  marry.  y       ^y^  omerauon  oi 

.f  nr""^  contract  for  sale  of  any  goods,  chattels,  or  things  in  action,  for  the  price 
of  Wiy  dollars  and  upward,  shal  be  void,  unless,  1.  A  note  or  memorandum  of 
the  cwT'o  o'n'f  ^  •»  wntmg,  and  subscribed  by  the  parties  to  be  charged 
therewith;  or,  2.  Unless  the  buyer  shall  accept  and  receive  part  of  such  go^ds. 
or  the  evidences,  or  some  of  them,  of  such  things  in  action;  or,  3.  Unless  the 
buyer  shall  at  the  time  pay  part  of  the  purchase-money 

th«^^  ^"""f  ^1*  ^T^'  '*'''"  ^^  '"^1  \'  J"."^''^  ""^^'^^"'  ^"'i  the  auctioneer  shall,  at 
the  tune  of  the  sale,  enter  in  a  sale-book  a  memorandum  specifying  the  nature 
and  price  of  the  property  sold,  the  terms  of  the  sale,  the  name  of  the  purchase? 
Zi^lThff  the  person  for  whc.se  accoux,t  the  sale  is  made ;  such  memoran- 
dum  shall  be  deemed  a  note  of  the  contract  of  sale  within  the  meaning  of  the 

Limitation  of  Actions. 

An  action  for  the  recovery  of  real  property,  or  for  Uie  recovery  of  the  posses- 
Bion  thereof,  must  be  commenced  within  twenty  years. 

An  action  upon  a  judgment  or  decree  of  a  court  of  the  United  States  or  any 
state  or  territory  of  the  United  States,  within  ten  years. 

Actions  upon  a  contract;  upon  a  liability  created  by  statutes,  other  than  those 
upon  a  penalty  or  forfeiture ;  for  trespass  upon  real  property;  for  taking,  detain- 
ing, and  injanng,  personal  property,  including  actions  for  the  specific  recovery 
thereof;  for  criminal  conversation,  or  for  any  other  injury  to  the  person  or  rights 
of  another,  not  arising  on  obligation  and  not  hereinafter  enumerated;  an  action 
for  relief,  on  ground  of  fraud  ;  witliin  six  years. 

An  action  against  a  sheriff,  coroner,  or  constable,  except  for  escape;  upon  a 
statute  for  a  penalty  or  forfoiture,  where  the  action  is  given  to  the  party  atr- 
grieved  ;  within  three  years.  f     J   '^b 

An  action  for  libel,  slander,  assault,  battery,  or  false  imprisonment;  upon  a 
statute  lor  a  forfeiture  or  penalty  to  the  territory ;  within  two  years. 

An  action  against  a  sheriff  or  other  officer  for  escape  of  person  arrested  hy  a 
civil  process,  withm  one  year. 

An  action  upon  a  statute  for  a  penalty  given  in  the  whole  or  in  part  to  the  per- 
son who  prosecutes  the  same  must  be  commenced  within  one  year  after  the 
commission  of  the  offence,  and  if  not  commenced  within  one  year  by  a  r.rivate 
party,  it  may  be  commenced  within  two  years  thereafter  in  behalf  of  the  United 

An  action  for  relief  not  being  provided  for  before,  must  be  commenced  within 
ten  years. 

^  If  the  person  against  whom  the  action  accrues  be  out  of  the  territory  the  ac- 
tion may  be  commenced  within  the  term  herein  limited,  after  his  return  and  if  he 
departs  after  the  action  accrues,  the  time  of  his  absence  is  not  part  of  the  limited 
time. 

If  infants  an  insane  person,  a  person  imprisoned  for  a  lees  time  than  a  natural 
lile.  maiTied  women,  the  time  of  such  disability  is  not  a  part  of  the  time  limited 
except  that  the  penod  within  which  the  action  must  be  brought  can  not  be  ex- 
tended more  than  five  yenrs,  except  -nfancy,  nor  can  it  be  so  extended  in  any 
case  longer  than  one  year  after  the  disability  ceaseg. 


SPECIAL    LAWS    OF    MINNESOTA.  355 

Collection  of  Debts. 

Arrest  and  imprisonment  on  accunnt  of  any  debt.  jm3?mont,  pecaniary  lia- 
bility, or  demand  due  or  claimed  to  be  due,  was  abolished  by  act  of  1855. 

Arrests  ii>  the  following  cases  can  be  made  on  criminnl  prnce-ss :  Where  the 
action  is  for  a  wilful  injury  to  person  or  to  property,  knowing  the  property  to  be- 
long to  another;  In  an  action  for  a  fine  or  penalty,  or  for  money  or  property  em- 
bezzled, or  frRudulently  misapplied,  or  converted  to  his  own  use,  by  a  puMic 
officer,  or  an  officer  of  a  corporation,  o#  an  attorney,  factor,  broker,  agent,  or  clerk, 
iu  the  course  of  his  employment  as  such;  When  the  arrest  of  the  defendant  is 
expressly  authorized  by  special  statates,  in  an  action  for  a  fine  or  penally,  or  for  a 
wilful  violation  of  dnty;  but  no  female  can  be  arrested  in  any  action,  except  for 
a  wilful  injury  to  person,  character,  or  property. 

ATTACHMK^iT. — Any  creditor  shall  be  entitled  to  nfoceed  by  attachment  in  a 
justice's  court,  against  the  property  of  his  debtor,  upon  an  affidavit  that  the  de- 
fendant is  indebted  to  the  plaintiff  fn  a  sum  exceeding  five  dollars,  that  the  same 
is  due  on  some  contract  express  or  implied,  or  upon  judgment  or  decree  of  some 
court,  and  containing  a  further  statement  that  the  deponent  has  good  reason  to 
believe  either — 

That  the  defendant  is'fli  non-resident  corporation,  or  not  a  resident  of  this  terri- 
tory, and  has  not  resided  therein  for  three  months  immediately  preceding;  that 
defendant  has  absconded,  or  is  about  to  abscond  ;  that  he  has  removed  or  is  about 
to  rem(jve  his  property ;  that  he  resides  in  any  other  county,  and  more  than  one 
hundred  miles  from  the  residence  of  the  justice  ;  that  he  contracted  the  debt  under 
fraadalent  representations;  that  he  conceals  himsejf;  or  that  he  has  fraudulently 
conveyed  or  disposed  of  (or  is  about  to  dispose  of)  any  of  his  property  or  efi'ects. 


Deeds. 


CoNVETANCFS  of  Innds,  or  of  any  pptnte,  or  interest  therein,  mny  bft  mnde  by  deed, 
•igned  and  sfnlod  by  the  person  from  whom  the  estate  or  iiittTcst  Ks  intended  to  pHSs, 
beina  of  biwful  aiie.  or  f)y  his  lawlnl  aamt  or  attorney,  and  acknowledged  or  proved, 
and  rword(?d  as  directed  below,  without  any  other  act  or  ceremony  wliatever. 

Dwds  pxeruted  within  this  territory,  of  lands  or  any  internet  in  lands  therHn,  sh-ill  bo 
executed  in  the  presence  of  two  wittipss^'s,  who  shall  subscribe  their  nwrnes  to  the  same 
as  such  ;  and  the  person  nxpcuting  such  deeds  may  acknowleiipo  the  execution  thereof, 
before  any  judi?e  or  commissioner  of  a  court  of  record,  or  before  any  notary  public  or 
justice  of  the  p*»ace  within  the  ti^rriiory;  and  the  officer  taking  such  acknowledgment 
khal]  endorse  thereon  a  c.-rtificate  of  the  acknowledgment  thereofj  and  the  true  date  of 
maiciii:^  the  f^ame,  under  his  hand. 

If  any  such  d.«'d  shall  be  executed  in  any  oth^r  state,  territory,  or  district  of  the  I'ni- 
tc(\  .''tnt'^s,  such  deed  may  be  execuU'd  according  to  the  laws  of  such  state,  territory,  or 
district,  and  the  execution  thereof  may  be  acknowledged  before  any  judge  of  any  court 
of  record,  notary  public,  justice  of  the  peace,  master  in  chancery,  or  other  officer  au- 
thorized by  the  laws  of  such  state,  territory,  or  district,  to  take  the  ackn()wle<l'.'tnpnt  of 
deeds  ther-in,  or  before  any  commi-isioner  app<jinted  by  the  governor  of  this  ten  itcjry  for 
fuch  purpose. 

In  the  caaes  provided  for  in  the  last  preceding  section,  unless  the  acknowledtrment  bo 
taken  »)efore  a  commissioner  appointed  by  the  governor  of  this  territory  for  that  pur- 
pose, such  deed  shall  have  attached  thereto  a  certificate  of  the  clerk  or  other  proper  cer- 
tifying offiivr  of  a  court  ot  record  of  the  county  or  district  within  which  such  acknowb 
edgment  whs  taken.  und.T  the  senl  of  his  office,  that  the  person  whose  name  is  8ul).scribed 
to  the  certificate  of  acknowledu'ment  w.is,  at  the  date  thereof  such  officer  as  bn  is  th>re. 
In  represented  to  Iw,  tliat  he  U-lieves  the  signature  of  such  per.aon  suliscribed  thereto  to 
be  u-  niiti';  (in  1  that  the  deed  id  executed  and  acknowledged  according  to  the  laws  of 
•ucb  ,  ry,  oi  dl-trict. 

l!  •  x^-cuted  in  a  foreign  country,  It  may  be  executed  according  to  the  laws 

nf  -  I  tlie  rxi^rufion  thereof  may  \w.  acknowledged  bef(»re  nny  notiuy  puf). 

li'' ■  I'lenipotentiary.  mini-ter  extraordinary,  minister  resident, 

'  b  .  r,  or  consul,  of  the  United  States,  appointed  to  reside 

tb>  Fit  (hall  be  ceitified  thereon  by  the  officer  taking  the  same, 

ux'i  ini  u  DiK.  n  before  a  notary  public,  his  aeal  of  office  shall  be  affixed  tu 

^■^  ried  woman  rcMdlng  in  this  territory  shall  join  with  her  hu«band  in  a 

detti  »■  •  ■,.:-■  _,  ...tu!  ijf  reid  estate,  situate  within  this  terri'ory,  the  acknowledgment  of 
the  wile  shaii  be  taken  separately  npart  from  her  husband,  and  she  shall  acknowledga 
tbat  she  cxocub^d  such  deed  fre«'ly  and  without  any  fear  or  compulsion  from  any  one. 

30» 


256  SPECIAL   LAWS   OF    MINNESOTA. 

When  married  wompn  not  residing  in  this  territory,  shall  join  with  the  hushnnd  in  nny 
conveynnce  of  real  estate  situated  within  this  territory,  the  conveyance  shall  have  the 
saino  effect  as  if  she  were  sole,  and  the  acknowledgment  or  proof  of  the  execution  of 
such  conveyance  hy  her  may  he  the  snme  as  if  she  were  sole. 

A  scroll  or  device  used  as  a  seal  upon  any  deed  of  conveyance  or  other  instrument  ■ 
whatever  whether  intended  to  be  recorded  or  not,  shall  have  the  same  force  and  eflfect 
as  a  seal  attached  thereto,  or  impressed  thereon  ;  but  this  section  shall  not  be  construed 
to  apply  to  such  official  seals  as  are  or  may  be  provided  for  by  law. 

Form  of  Acknot^ledgment. 
Territory  of  Minnesota, ) 

County  of  Eamsey,     )     ' 

Be  it  known.  That  on  this  Jlrst  day  of  February,  A.  D.  1856,  personally  came  before  me 
John  Smith  and  Mehitable  Smith  his  wife,  to  me  personally  known  to  be  the  identical 
prrsona  descrit)ed  in,  and  who  executed  the  within  conveyance,  and  acknowledged  that 
they  executed  the  same,  and  the  taid  Mehitable  Smith  acknowledged,  on.  an  examination 
separate  and  apart  from  her  sMd  husband,  that  she  executed  the  said  conveyance  freely  and  with- 
out  any  fear  or  compulsion  from  any  one.  SAMUEL  SHALLOW,  Justice  of  the  Peace. 


Rights  of  Married  Women. 

A  GKNKRAL  and  henelicial  power  mny  be  given  to  a  married  woman  to  di-spose  during 
the  marriage,  and  without  the  concurrence  of  her  husband,  of  land  conveyed  or  devised 
to  her  in  fee. 

A  special  and  beneficial  power  may  be  granted,  1.  To  a  married  woman  to  dispose, 
during  the  marriage  and  without  the  consent  of  her  husband,  of  any  estate  less  than  a 
fee  belonging  to  her  in  the  lands  to  which  the  power  relates. 

2.  Wiien  a  married  woman  entitled  to  an  estate  in  fee  shall  be  authorized  by  a  power 
to  dispose  of  such  estate  during  her  marriage,  she  may  by  virtue  of  such  power,  create 
any  estate  which  she  might  create  if  unmarried. 

And  any  mnriied  woman  may  devise  and  dispose  of  any  real  or  personal  property,  held 
by  her  or  to  which  she  is  entitled  in  her  own  right,  by  her  last  will  and  testament  In  wri- 
ting, and  may  alter  or  revoke  the  same  in  like  manner  that  a  person  under  no  disability 
may  do  the  same  ;  provided,  that  no  such  will,  alteration,  or  revocation  shall  be  of  any 
validity  without  the  consent  of  the  husband  of' such  married  woman,  in  writing  annexed 
to  such  will,  alteration,  or  revocation,  attested  and  subscribed,  and  to  be  proven  and  re- 
corded in  like  manner  as  a  last  will  and  testament  is  required  to  be  attested,  proven,  and 
recorded. 

The  real  or  personal  estate  of  a  female,  acquired  before  marriage,  shall  not  be  liable 
during  marriasre  for  the  husband's  d"bt3  or  liabilities. 

Dower. — The  widow  of  every  deceased  person  shall  be  entitled  to  dower,  or  the  use, 
duiMng  her  natural  life,  of  one  third  part  of  all  the  lands  whereof  her  husband  was  seized 
of  an'estiite  of  inheritance,  at  any  time  during  the  marriage,  unless  she  is  lawlully 
barred  thereof,  or  has  voluntarily  relinquished  her  right  of  dower.  W 


Rate  of  Interest. 

Any  rate  of  interest  agreed  upon  by  parties  in  contract,  specifying  the  same  in  writing, 
shall  be  legal  and  valid.  When  no  rate  of  intei'est  is  agreed  upon,  or  specified  in  a  note 
or  other  contract,  seven  per  centum  per  animm  shall  be  the  legal  rate. 


Wills. 


No  will  made  within  this  territory,  except  nuncupative  wills,  shall  be  eflfectual  to  pass 
nny  estate,  whether  real  or  personal,  nor  to  chruige,  or  in  any  way  aifect  the  same,  unless 
it  he  in  writ! ns;  and  signed  by  the  testator,  or  by  some  person  in  his  presence,  and  by  his 
express  direction,  and  attested  and  subscribed  iu  the  presence  of  tlie  testator  by  two  or 
more  competent  witnesses. 

No  nuncupative  will  is  go'jd  (except  that  of  a  soldier  or  sailor  in  actual  service)  to  be- 
queMth  more  value  than  one  hundred  and  fifty  dollnrs,  unless  proved  t)y  the  oath  of  three 
witnesses  present  at  its  making,  antl  requested  by  the  testator  to  henr  witnes.n  to  the  Fame, 
nor  unless  made  in  the  testator's  last  sickness,  and  at  his  habitation,  except  when  he  is 
nnexpictf'dly  taken  sick  and  dies  away  from  such  habitation.  Such  will  must  be  proved 
within  six  months  of  its  making  unless  the  words  of  the  testator  be  reduced  to  writing 
within  six  days  of  the  time  they  are  spoken.  The  probate  of  such  will  will  not  be  al- 
lowed within  fourteen  days  of  tesbitor's  decease  nor  without  notice  to  the  widow  and  all 
persons  interested. 

All  beneficial  decrees,  legacies,  and  gifts,  whatsoever,  made  or  given  in  any  will  to  a 
subscribing  witness  thereto,  shall  bo  wholly  void,  unless  there  be  two  other  competent 
fiubscribiug  vvitaesscs  to  the  same. 


SPECIAL    LAWS    OF    CALIFOR.VM.  357 


CALIFORNIA. 

ConstituUuc  adopted  1849.— Square  Miles,  188,981.— Population  in  1849,  125.000. 


Mechanics'  Lien. 

All  rnastt'r-builders,  mechanics,  lumber-merchanu,  nad  uB 
other  persons  periormins  labor  or  furnigliing  materials  for 
the  construction  or  repair  of  any  building  or  wharf,  shall 
have  a  lien,  separately  or  jointly,  ui)on  the  building  or  build- 
ingB,  or  whart,  which  they  may  have  constructed  or  repaired, 
or  for  which  ihvy  may  have  furnished  materials  of  any  de- 
Bcription,  to  the  extent  of  the  labor  done  or  mattriuls  tur- 
nlshcd,  or  for  both. 

Any  such  contractor,  journeyman,  or  laborer,  who  may 
be  employed  in  the  construction  or  repairing  of  any  build- 
ing or  wharf.  r,r  in  furnishing  any  materials  for  the  same, 
may  give  to  the  owner  or  owners  of  the  building  or  build- 
ings, or  wharf,  on  which  he  may  have  worked,  or  for  the  construction  of  which  he  may 
have  furnished  materials,  notice  in  writing,  particularly  setting  forth  the  amount  of  his 
claim,  and  the  service  rendered,  for  which  his  employer  is  indebted  to  him,  and  that  ho 
holds  said  owner  or  owners  responsible  for  the  same ;  and  the  ovraer  is  hereby  mado 
fialile  for  the  amount  so  claimed,  jf  indebted  to  the  employer  to  the  amount;  if  not, 
tlien  to  the  amount  due  from  him  to  said  employer  at  the  time  such  notice  was  served. 

When  any  such  contractor,  journeyman,  or  laborer,  shall  have  given  the  notice  pre- 
ti  ribed  in  the  preceding  section,  he  shall  present  to  his  ernpioyer  a  copy  of  such  notice 
for  hia  endorsement.  If  such  employer  endorse*thereon  tliat  the  claim  is  correct,  tho 
owner  or  other  person  liable  shall  pay  the  same,  if  indebted  to  the  employer  in  tho 
•mount;  if  ni>t,  then  the  amount  due  from  mm  to  said  employer  at  the  time  the  notice 
Whs  sirved.  If  he  fail  or  refuse  so  to  pay,  such  sub-ccnti-actor,  journeyman,  or  laborer, 
shall,  within  tiiirty  days  after  the  service  of  the  notice,  commence  an  action  in  tho 
proper  court  to  enforce  his  lien.  If,  by  the  terms  ot  the  contract  between  the  owner 
fend  the  contmctor,  the  money  be  payable  at  some  future  day,  such  sub-contractor, 
to'imeyman,  or  laborer,  may  file  the  copy  of  the  notice,  with  the  endorsement  Ihereoi., 
fn  the  recorder'*  oflii«  of  tiie  county  in  which  the  building  or  wharf  is  situated ;  and 
»h>ill  hRve  thirty  dayi  after  the  money  becomes  due  in  which  to  commence  his  actioi.. 
If  lie  tail  to  commence  his  action  as  prescribed  in  tiiis  section,  his  lien  shall  be  lost 

If  the  employer  fail  or  refuse  to  make  the  endorsement  recjuired  by  th  e  pnrcedlnj; 
•<>ctiun,  rjch  subcontractor,  journeyman,  or  laborer,  shall  lone  his  lien  for  tiie  amount 
claimed,  unless  he  shall,  within  thirty  days  i.'tcr  the  service  of  the  notice,  coimnencti 
»n  action  in  the  proper  court  against  his  employer  to  establish  the  amount  iif  the  claim. 
If  he  obtain  judgment  ajxainsl  his  employer,  he  shall  .of=e  his  lien  frjr  the  amrunt  thereof^ 
jnlfrtd,  within  thirty  days  thereafter,  he  suiu.  commence  an  action  against  the  owner 
for  the  amiiunt  et- tab  lit.  lied  by  ih<;  judgment,  if  the  money  be  then  due  from  the  owner 
to  tho  contractor  ;  if  not,  then  he  thall  file  in  the  rt^corder's  office  of  the  county  in  which 
the  building  or  wharf  is  6ituat<-d,  a  notice  ui  said  claim  and  judgment ;  and  shall  com- 
inr-nce  ht!«  action  ngainet  the  owner  withm  inirty  days  after  the  money  is  due  from  the 
ownor  to  the  contractor. 

The  owner  or  other  person  made  liable,  as  aforesaid,  for  the  amount  admitted  to  hfl 
due,  or  established  by  judgment,  may  set  oti  the  same  in  any  action  brouribt  against  him 
by  the  contractor  or  person  otherwise  entitled  to  recover  tlte  same,  under  t^e  contract. 
The  land  up«n  which  any  building  shall  oe  erected,  together  with  the  spncc  around 
the  same,  not  exceeding  five  hundred  square  feet,  clear  of  the  building,  shall  alf^o  bo 
sabj»<l  Im  tb<  Hlxive  lien,  if  the  said  land  shall  have  been  at  tiie  time  of  the  erecting  of 
liie  '>"  cijiertj-  of  the  person  oi  wofsons,  corporation  or  association,  con  tract- 

ir.ff  t  or  repair  of  the  ^nmK 

An-.  m:  to  avail  hiniKi  If  ot  the  provisions  of  the  first  section  of  this  act, 

»  h'-tii  •   hhall  tile  In  ilie  recorder's  office  of  the  county  in  which 

Uie  bii.i     I  ;,  at  any  time  befor*-  the  expiration  of  sixty  dnys  after 

tbo  fii-i.'  ..  ,1  repairs,  n<>tic«  of  hij  intention  to  hold  a  lien  upon  the 


368 


oh'J 


360  SPECIAL    LAWS    OF    CALIFORNIA. 

property  declnrrd  by  Ihls  act  liable  to  such  lif>n,  for  tlie  amount  dno,  or  to  iK'come  due 
to  him,  siiecifically  setting  forth  the  amount  claimed;  upon  his  failure  to  do  bo,  (he  lien 
shiill  be  ]oft. 

•No  such  linn  shall  bind  any  building  or  wharf  for  a  longer  time  than  one  year  after  thn 
work  is  done,  or  the  materials  hav"  been  furniched,  unless  suit  be  brought  in  a  proper 
court  to  enforce  the  same  within  that  time,  or  if  a  credit  be  given,  within'  one  year  from 
the  expiration  of  tj^e  credit ;  but  no  lien  shall  be  continued  in  force  for  a  longer  term 
thiin  two  years  from  the  time  the  work  is  completed,  or  the  materials  furnished,  by  any 
Bgrtement  to  give  credit. 

The  lien  for  work  or  materials,  given  by  this  net,  shall  be  preferred  to  every  other  lien 
or  incumbrance  which  attached  upon  the  property  subsequent  to  the  time  at  which  the 
work  was  commenced  or  the  materials  were  furnished. 

Any  mechanic  or  artisan  who  shall  make,  alter,  or  repair,  any  article  of  personal  prop- 
erly, at  tlie  request  of  the  owner  or  legal  possessor  of  such  property,  shall  have  a  lien  on 
huch  property  so  made,  altt?red,  or  repaired,  for  his  just  and  reasonable  charges,  for  his 
work  done  and  materials  furnished;  and  may  hold  and  retain  the  possession  of  the  same 
until  such  just  and  reasonable  charges  shall  be  paid  ;  and  if  not  paid  for  within  the  space 
of  two  moiiths  after  the  work  shall  have  been  done,  such  mechanic  or  artisan  may  pro- 
ceed to  sell  the  property  by  him  so  made,  altered,  or  repaired,  at  public  auction,  liy  giv- 
ing three  weeks'  public  notice  of  such  sale,  by  advertisement,  in  some  new.^paper  pub- 
lished in  the  county  in  which  the  work  may  be  done;  or  if  there  be  no  such  newspaper, 
*^  n  by  posting  up  notices  of  such  sale  in  three  of  the  most  public  places  in  the  town 
.  -lere  such  work  was  done:  and  the  proceeds  of  said  sale  shall  be  applied,  first,  to  the 
discharge  of  such  lien,  and  the  costs  and  expenses  of  keeping  and  selling  such  property, 
and  the  remainder,  if  any,  shall  be  paid  over  to  the  owner  thereof. 

Bridges,  ditches,  flumes,  or  aqueducts,  constructed  to  create  hydraulic  power,  or  for 
mining  purposes,  are  subject  to  a  mechanics'  lien ;  and  all  master-builders,  mechanics, 
lumher-merchants,  contractors,  journeymen,  or  laborers,  and  all  other  persons  perform- 
ing lalior,  or  furnishing  materials  for,  or  employed  in  the  construction  or  repair  of,  any 
bridg»\  ditch,  flume,  of  aqueduct  aforesaid,  shall  have  the  same  lien,  subject  to  the  same 

!) revisions  and  regulations  as,  in  and  by  the  foregoing  act,  is  provided  for  liens  upon 
)uilding8  and  wharves. 


LIEN  ON    VESSELS. 

Every  boat  and  ve?sel  used  In  navigating  the  waters  of  this  state  shall  be  liable 

1.  For  all  debts  contracted  by  the  master,  owner,  agent,  or  consignee  thereof,  on  ac 
count  of  supplies  furnished  for  the  use  of  such  boat  or  vessel ;  on  account  of  work  done 
or  services  rendered  on  board  of  such  boat  or  vessel ;  on  account  of  labor  dune  or  ma- 
briiils  furnished  by  mechanics,  tradesmen,  or  others,  in  and  for  the  building,  i-epaiting, 
and  fitting  out,  furnishing  or  equipping  such  boat  or  vessel. 

2.  For  all  sums  due  for  the  wharfage  or  anchorage  of  such  boat  or  vessel  within  tho 
Btfite. 

^.  For  demands  or  damngps  accruing  from  the  non-performance  or  mal-performance 
of  any  contract  totiching  the  trnnsf)ortatlon  of  persons  or  property,  entered  into  by  the 
master,  owm-r,  agent,  or  consignee,  of  the  boat  or  vessel  on  which  such  contract  is  to 
be  performed  ;  and — 

4.  For  all  injuries  done  to  persons  or  property  by  such  boat  or  vessel :  provided  the 
Wfiges  of  mariners,  boatmen,  and  others,  employed  in  the  service  of  such  boats  and  ves- 
sels, shall  have  the  preference,  and  be  first  paid. 

Any  pf-rson  having  a  demand  as  aforesaid,  instead  of  proceeding  for  n  recovery  there- 
of against  the  master,  agent,  owner,  or  consignee,  of  a  boat  or  vessel,  may,  at  his  option, 
Institute  suit  against  such  boat  or  vessel  by  ueme. 

All  actions  against  a  boat  or  vessel,  under  the  provisions  of  this  act,  shall  be  com 
meuccd  and  sued  within  fifteen  days  after  the  cause  of  such  action  shall  have  accrued. 


Chattel  Mortgages. 

No  mortgage  of  personal  property  herenfter  made  shall  bo  valid  against  any  other  per- 
ions  than  the  parties  thereto,  unless  possession  of  the  mortgaged  property  be  delivered 
to  and  retained  by  tho  morlgagee. 


SPECIAL    LAWS    OF    CALlFORxMA.  361 

La'w  regulating  Contracts. 

In  the  following  cases,  every  agreement  shall  be  void,  unless  such  agreement,  or  some 
note  ormemoranaum  thereofj  expressing  the  consideration,  be  in  writing:,  and  subscribed 
by  the  party  charged  therewith:  I.  Every  agreement  that  by  the  terms  is  not  to  he  per- 
formed within  one  year  from  the  making  thereof  2.  Every  special  promise  to  answer  for 
the  debt,  default,  or  miscarriage,  of  another.  3.  Every  agreement,  promise,  or  undertaking, 
made  upon  consideration  of  marriage,  except  mutual  promises  to  marry. 

Every  contract  for  tlie  sale  of  any  goods,  chattels,  or  things  in  action,  for  the  price  of  two 
hundred  dollars  or  over,  shall  be  void,  unless — 1.  A  note  or  memorandum  of  such  contract 
be  made  in  writing,  and  be  subscribed  by  the  parties  to  be  charged  therewith;  or,  2.  Unless 
the  buyer  shall  accept  or  receive  part  of  such  goods,  or  the  evidences,  or  some  of  them,  of 
such  t£ing8  in  action ;  or,  3.  Unless  the  buyer  shall  at  the  time  pay  some  part  of  the  pur- 
chase-money. 

Whenever  any  goods  shall  be  sold  at  auction,  and  the  auctioneer  shall,  at  the  time  of  sale, 
enter  in  a  sale-book,  a  memorandum,  specifying  the  nature  and  price  of  the  property  sold, 
tlie  terms  t)f  the  sale,  the  name  of  the  purchaser,  and  the  name  of  the  person  on  whose  ac- 
count the  sale  is  made,  such  memorandum  shall  be  deemed  a  note  of  the  contract  of  sale 
within  the  meaning  of  the  last  section. 

No  estate  or  interest  in  lands,  other  tlian  for  leases  for  a  term  not  exceeding  one  year,  nor 
any  trust  or  power  over  or  concerning  lands,  or  in  any  manner  relating  thereto,  shall  here- 
after be  created,  granted,  assigned,  surrendered,  or  declared,  unless  by  act  or  operation  of 
law,  or  by  deed,  or  conveyance  in  writing,  subscribed  by  the  party  creating,  granting,  as' 
eigning.  surrendering,  or  aeclaring  the  same,  or  by  iiis  lawful  agent  thereunto  autliorized 
by  writing.  Every  instrument  required  by  any  of  the  provisions  of  this  act  to  be  subscribed 
by  any  party,  may  be  subscribed  by  the  lawful  agent  of  such  party. 


Limitation  of  Actions. 

No  action  for  tiio  recovery  of  real  property,  or  for  the  recovery  of  the  possession 
thereof,  shall  be  maintained,  unless  it  appear  that  the  plaintiff,  his  ancestor,  predecessor, 
or  grantor,  was  seized  or  possessed  of  the  premises  in  question,  within  five  years  before 
the  commencement  of  such  action. 

No  cause  of  action,  or  defence  to  an  action  founded  upon  the  title  to  real  property,  or 
to  rents  or  services  out  of  the  same,  shall  be  effectual,  unless  it  appear  tliat  the  person 
prosecuting  the  action,  or  making  the  defence,  or  under  whose  title  the  action  is  prose- 
cuted, or  the  defence  is  made,  or  the  ancestor,  predecessor,  or  grantor  of  such  person, 
was  seized  or  possessed  of  the  premises  in  question,  within  five  years  before  the  com- 
mencement of  the  act  in  respect  to  which  such  action  is  prosecuted  or  defence  made. 

No  entry  upon  real  estate  shall  be  deemed  suflicient  or  valid  as  a  claim,  unless  an 
action  be  commenced  thereupon  within  one  year  after  making  such  entry,  and  within 
fire  years  from  the  time  when  the  right  to  make  such  entry  descended  or  accrued. 

If  a  person  entitled  to  commence  any  action  for  the  recovery  of  real  property,  or  to 
make  an  entry  or  defence,  founded  on  the  title  to  real  property,  or  to  rents  or  serricea 
oit  of  the  same,  be.  at  the  time  such  titie  shall  first  descend  or  accrue,  either — 

1.  Within  the  age  of  twenty-one  years ;  or — 

8.  Insane;  or — 

3.  Imprisoned  on  a  criminal  charge,  or  in  execution  upon  conviction  of  a  criminal 
offence,  for  a  term  less  than  for  lile  ;  or — 

4.  A  married  woman — 

The  time  during  which  siich  disability  shall  continue  shall  no.t  be  deemed  any  portion 
of  Uie  time  in  this  act  limited  for  the  commencement  of  such  action,  or  the  making  of 
•uch  entry  or  defence ;  but  such  action  may  be  commenced,  or  entry  or  defence  made, 
within  tiie  |)eriod  of  five  years  after  such  disability  shall  cease,  or  after  the  death  of  tho 
peri»on  entitied,  who  shall  die  under  such  disability :  but  such  action  shall  not  be  com- 
menced, or  entry  or  defence  made,  after  that  period. 

Actions,  other  than  those  for  the  recovery  of  real  property,  can  only  be  commenced 
M  follows : — 

Within  five  years  :  an  action  upon  a  Judgment  or  decree  of  any  court  of  the  Unltod 
State*,  or  of  any  state  or  territory  within  the  United  States. 

Within  tdur  years  :  an  action  upon  any  contract,  obligation,  or  liability,  founded 
■poT!  't  of  writing,  except  those  mentioned  in  the  preceding  section. 

W  irs:    J.  An  action  upon  a  liability  created  by  statute,  otiier  than  a 

penar  ire.    2.  An  action  for  treojin^-H  ujxin  n-al  property.     3    An  action  for 

taking,  dctiiiniiiy,  or  Injuring,  any  gcKMls  or  chattels,  including  actions  for  the  specific 
recorenr  of  personal  property.  4.  An  action  for  relief  on  the  ground  of  fraud,  the 
e«aae  ui  action  in  such  case  not  to  be  deemed  to  have  accrued  until  the  diacovery,  by 
the  af  grlered  party,  of  the  facu  constituting  the  fraud. 

31 


362  SPECIAL    LAWS    OP    CALIFORNIA. 

Within  two  years :  1.  An  action  upon  a  contract,  obligation,  or  liability,  not  founded 
upon  an  instrument  of  writing,  except  an  action  on  an  open  account,  for  goods,  wares, 
and  merchandise,  and  an  action  for  any  article  charged  in  a  store  account.  2.  An  action 
against  a  sheriff,  coroner,  or  constable,  upon  the  liability  incurred  by  the  doing  of  an  act 
ui  his  official  capacity,  and  in  virtue  of  his  oflBce,  or  by  the  omission  of  an  olficial  duty, 
including  the  non-payment  of  money  collected  upon  an  execution.  But  this  section 
•hall  not  apjjly  to  an  action  for  an  escape. 

Within  one  year :  I.  An  action  upon  a  statute  for  a  penalty  or  forfeiture,  where  the 
action  is  given  to  an  individual,  or  to  an  individual  and  the  state,  except  where  the 
Gtatute  imposing  it  prescribes  a  diilerent  limitation.  2.  An  action  for  libel,  slander,  as- 
sault, battery,  or  false  imprisonment  3.  An  action  upon  a  statute  for  a  forfeiture  or 
penalty  to  the  people  of  this  state.  4.  An  action  against  a  sheriff  or  other  officer  for  the 
escape  of  a  prisoner,  arrested  or  imprisoned  on  civil  process.  5.  An  action  on  an  open 
account,  for  goods,  wares,  and  merchandise,  sold  and  delivered.  6.  An  action  for  any 
orticle  charged  kx  a  store  account 

In  an  action  brought  to  recover  a  balance  due  upon  a  mutual,  open,  and  current 
account,  where  there  have  been  reciprocal  demands  between  the  parties,  tlie  cause  of 
action  shall  be  deemed  to  have  accrued  from  the  time  of  the  last  item  proved  in  the 
account  on  either  side. 

If  a  person,  entitled  to  bring  an  action  mentioned  in  the  last  preceding  chapter,  ex- 
cept for  a  penalty  or  forfeiture,  or  against  a  sheriff  or  other  officer  for  an  escape,  be,  at 
the  time  the  cause  of  action  accrued,  either — first,  within  the  age  of  twenty-one  years  ; 
or,  second,  insane  ;  or,  third,  imprisoned  on  a  criminal  charge,  or  in  execution  under 
the  sentence  of  a  criminal  court,  for  a  term  less  than  his  natural  life  ;  or,  fourth,  a  mar- 
ried woman :  the  time  of  such  disability  shall  not  be  a  part  of  the  time  limited  for  the 
commencement  of  the  action. 

When  a  person  shall  be  an  alien  subject  or  citizen  of  a  country  at  war  with  the  Uni- 
ted States,  the  time  of  the  continuance  of  the  war  shall  not  be  part  of  the  period  limited 
for  the  commencement  of  the  action. 

No  acknowledgment  or  promise  shall  be  sufficient  evidence  of  a  new  or  continuing 
contract,  whereby  to  take  the  case  out  of  the  operation  of  this  statute,  unless  the  same 
be  contained  in  some  writing,  signed  by  the  party  to  be  charged  thereby. 


Collection  of  Debts. 

Ahrest. — No  person  shall  be  arrested  in  a  civil  action  except  as  prescribed  by  this 
act ;  but  tliis  provision  shall  not  apply  to  proceedings  for  contempt 
The  defendant  may  be  arrested  in  the  following  cases  : — 

1.  In  an  action  for  money  received,  or  property  embezzled  or  fraudulently  misap 
plied,  by  a  pubhc  officer,  or  by  an  attorney  or  counsellor,  or  by  an  officer  or  agent  of  a 
corporation,  in  the  course  of  his  emplojrment  as  such,  or  by  any  factor,  agent,  broker, 
or  other  person  in  a  fiduciary  capacity. 

2.  When  the  defendant  has  been  guilty  of  a  fraud  in  contracting  the  debt  or  incurring 
the  obligation  for  which  the  action  is  brought,  or  in  concealing  or  disposing  of  the 
property  for  tlie  taking,  detention,  or  conversion  of  which,  the  action  is  brought 

3.  When  the  defendant  has  removed  or  disposed  of  his  property,  or  is  about  to  do  so, 
with  intent  to  defraud  his  creditors.     But  no  female  shall  be  arrested  in  any  action. 

Attachment. — Any  creditor  shall  be  entitled  to  proceed,  by  attachment  in  the  dis- 
trict court,  against  the  property  of  his  debtor,  in  the  manner  provided  in  this  act 

Before  any  writ  of  attachment  shall  be  issued,  the  plaintiff,  his  agent  or  attorney,  shall 
take  and  subscribe  an  affidavit  in  writing  that  the  defendant  is  indebted  to  the  plaintiff 
in  the  sum  of  two  hundred  dollars  or  over,  specifying  the  amount  of  such  indebtedness 
as  near  as  may  be,  over  and  above  all  legal  set-offs,  and  that  the  sum  is  due  upon  con- 
tract, express  or  implied,  and  tliat  the  deponent  knows,  or  has  good  reason  to  believe, 
either — 

1.  That  the  defendant  has  absconded,  or  is  about  to  abscond  from  this  state,  or  that 
he  is  concealed  therein,  to  the  injury  of  his  creditors  ;  or — 

2.  That  the  defendant  has  removed  or  is  about  to  remove  any  of  his  property  out  of 
this  state,  with  intent  to  defraud  his  creditors ;  or — 

3.  '»bat  he  fraudulently  contracted  the  debt,  or  incurred  the  obligation,  respeetiug 
Which  the  suit  is  brought ;  or — 

4.  That  the  defendant  is  a  non-resident  of  the  state  ;  or — 

5.  That  the  defendant  "has  fraudulently  conveyed,  disposed  ot,  or  concealed  his  prop 
erty,  or  a  part  of  it,  or  is  about  fraudulently  to  convey,  dispose  o^  or  conceal  the  e&me 
or  a  part  of  it,  with  mUmt  to  defraud  his  creditors. 


SPECIAL    LAWS    OF    CALIFORNIA.  363 

Mo  writ  of  ettachment  Bhall  be  Issued  under  the  provisions  of  this  act  in  the  district 
court,  unless  the  amount  stated  in  such  oath  or  affidavit  as  due  to  the  plaintiff',  over  and 
above  legal  setoffs,  shall  exceed  the  sum  of  two  hundred  dollars. 

At  the  time  of  filing  the  affidavit,  and  before  the  issuance  of  any  writ  of  attachment, 
the  plaintiff,  or  some  responsible  person  in  his  behalf,  shall  execute  a  bond  with  suffi- 
cient  surety,  in  a  sum  at  least  double  the  amount  of  the  demand  sworn  to,  payable  to 
the  defendant,  and  conditioned  that  the  plaintiff  shall  pay  to  the  defendant  all  damages 
that  he  may  incur,  by  reason  of  the  wrongful  suing  out  of  the  writ  of  attachment 

Attachment  may  issue,  although  the  debt  or  demand  of  the  plaintiff  be  not  due,  when 
It  is  shown  by  the  affidavit — 

1.  That  the  defendant  is  about  to  abscond  from  the  state,  or  that  he  is  concealed 
therein,  to  the  injury  of  his  creditors ;  or — 

2.  That  the  defendant  is  about  to  remove  any  of  hia  property  out  of  the  state,  or  that 
he  is  about  fraudulently  to  convey,  dispose  of,  or  conceal  the  same,  with  intent  to  de- 
fraud his  creditors  : 

In  this  case  no  judgment  shall  be  rendered  until  the  debt  becomes  due,  but  the  attach- 
ment shall  give  a  lien  as  in  other  cases. 


Deeds. 

CoNVKTANCES  of  lands,  or  of  any  estate  or  interest  therein,  may  be  made  by  deed, 
•iened  by  the  person  from  whom  the  estate  or  interest  is  intended  to  pass,  being  of  law 
ful  age,  or  by  his  lawful  agent  or  attorney,  and  acknowledged  or  proved  and  recorded 
BM  hereinafter  directed. 

A  husband  and  wife  may,  by  their  joint  deed,  convey  the  real  estate  of  the  wife  in 
like  manner  as  she  might  do  by  h>*r  separate  deed  if  she  were  unmarried. 

Every  conveyance  in  writing,  Wljereby  any  real  estate  is  conveyed  or  may  be  affected, 
•hall  be  acknowledged,  or  proved  and  certified,  in  the  manner  hereinafter  provided. 

The  proof  or  acknowledgment  f  f  every  conveyance  aflecting  any  real  estate  shall  be 
takon  by  some  one  of  the  followint'  officers : — 

1.  If  acknowledged  or  proved  within  this  state,  by  some  judge  or  clerk  of  a  court 
having  a  seal,  or  some  notary  publ'c,  or  justice  of  the  peace,  of  the  proper  county. 

2.  If  acknowledged  or  proved  without  this  state,  and  within  the  United  States,  by 
•ome  judge  or  clerk  of  any  court  of  the  Ifnited  States,  or  of  any  state  or  territory  having 
a  seal,  or  by  any  commissioner  appointed  by  the  government  of  this  state  for  that 
purpose. 

3.  If  acknowledged  or  proved  without  the  United  States,  by  some  judge  or  clerk  of 
any  court  of  any  state,  kingdom,  jr  empire,  having  a  seal,  or  by  any  notary  public 
therein,  or  by  any  minister,  commissioner,  or  consul  of  the  United  States,  appointed  to 
reside  therein.  *" 

Every  officer  that  shall  take  the  proof  or  acknowledgment  of  any  conveyance  affect- 
ing any  real  estaU-.  shall  grant  a  certificate  thereof,  and  cause  such  certificate  to  be 
endorsed  or  annexiJ  to  such  conveyance.     Such  certificate  shall  be — 

1.  Waen  LTanted  by  any  ^udge  or  clerk,  under  the  hand  of  such  Judge  or  clerk,  and 
the  seal  of  tne  court 

2.  When  grant«'d  by  an  officer  who  has  a  seal  of  office,  under  the  hand  and  official 
•eal  of  such  officer. 

No  acknowledgment  of  any  conveyance  whereby  any  real  estate  is  conveyed  or  may 
be  affected,  ahall  l)e  taken,  unless  the  person  offering  to  make  such  acknowledgment 
•haO  he  Dersonally  known  to  the  officer  taking  the  same,  to  be  the  person  whose  name 
U  sulfscnbed  to  such  conveyance  as  a  party  thereto,  or  shall  be  proved  to  be  such  by 
the  c  Ath  or  affirmation  of  a  credible  witness. 

The  certificate  of  such  acknowledgment  shall  state  the  fact  of  acknowledgment,  and 
that  the  person  making  the  same  was  personally  known  to  the  officer  granting  the  cer- 
tificate to  be  the  person  whose  name  is  subscribed  to  the  conveyance  as  a  party  thereto, 
or  was  proved  to  be  such  by  the  oath  or  affirmation  of  a  credible  witnnss,  whose  name 
shall  be  inserted  in  the  certificate.  Such  certificate  shall  bo  subs^tantially  in  the  follow- 
ing  form,  to  wit : — 

Forms  of  Acknowledgment. 

Slate  of  California.  ) 

County  of  HutUr.   <  " 
On  this  tkkrtiak  day  of  Dtctmber.  A.  D.  one  thousand  eight  hundred  and  fifty,  person 
•Ujr  appeared  belore  me,  John  Jokes,  •  notary  public  (or  judge,  or  oj^csr,  as  toe  cas« 


364  SPECIAL    LAWS    OF    CALIFORNIA. 

may  be]  in  and  for  the  said  county,  John  Doe  and  Susan  his  wife,  known  to  me  to  be 
the  persons  described  in  and  who  executed  the  foregoing  instrument,  who  acknowledged 
to  me  that  they  executed  the  same  freely  and  voluntarily,  and  for  the  uses  and  purposes 
therein  mentioned ;  ajul  the  said  Susan,  having  been  by  me  first  made  acquainted  vrith  the 
contents  of  such  conveyance,  acknowledged,  on  an  examination  by  me  had  apart  from  ana 
without  the  hearing  of  her  husband,  that  she  executed  the  same  freely  and  voluntarily,  without 
fear,  or  compulsion,  or  undue  influence,  of  ha'  husband,  and  that  sfie  does  not  wish  to  retract 
the  execution  of  the  same.  JOHN  JONES,  Notary  Public 

When  the  grantor  is  unknown  to  the  court  or  ofiicer  taking  the  acknowledgment,  the 
certificate  may  be  in  the  following  form,  to  wit :  State  of  California,  County  of  Sacra- 
mento :  On  this  tenth  day  of  December,  A.  D.  one  thousand  eight  huiidred  and  fifty,  per- 
eonally  appeared  before  me,  John  Jones,  a  notary  public  [or  judge,  or  officer,  as  the  case 
may  be]  in  and  for  the  said  county,  John  Doe,  satisfactorily  proved  to  me  to  be  the- 
person  described  in,  and  who  executed  the  within  conveyance,  bj*  the  oath  of  Joha 
Smith,  a  competent  and  credible  witness  for  that  purpose,  by  me  duly  sworn ;  and  he, 
the  said  John  Doe,  acknowledged  that  he  executed  the  same  freely  and  voluntarily,  fo» 
the  uses  and  purposes  therein  mentioned.  JOHN  JONES,  Notary  Public 


Rights  of  Married  WomexL 

All  property,  both  real  and  personal,  of  the  wife,  owned  by  her  before  marriage^ 
and  that  acquired  afterward  by  gift,  bequest,  devise,  or  descent,  shall  be  her  separate 
property  ;  and  all  property,  both  real  and  personal,  owned  by  the  husband  before  mar 
riage,  and  that  acquired  by  him  afterward  by  gift,  bequest,  devise,  or  descent,  shall  be 
his  separate  property. 

All  property  acquired  after  the  marriage  by  either  husband  or  wife,  except  such  as 
may  be  acquired  by  gift,  bequest,  devise,  or  descent,  shall  be  common  property. 

A  full  and  complete  inventory  of  the  separate  property  of  the  wife  shall  be  made  out 
and  signed  by  the  wife,  acknowledged  or  proved  in  the  manner  required  by  law  for  the 
acknowled^ent  or  proof  of  a  conveyance  of  land,  and  recorded  in  the  office  of  the 
recorder  ot  the  county  in  which  the  parties  reside. 

If  there  be  included  in  the  inventory  any  real  estate  lying  in  other  counties,  the  inven- 
tory shall  also  be  recorded  in  such  covinties. 

The  filing  of  the  inventory  in  the  recorder's  office  shall  be  notice  of  the  title  of  the 
wife ;  and  all  property  belonging  to  her,  included  in  the  inventory,  shall  be  exempt 
from  seizure  or  execution  for  the  debts  of  her  hxisband. 

The  husband  shall  have  the  management  and  control  of  the  separate  property  of  the 
wife,  during  the  continuance  of  the  marriage  ;  but  no  sale  or  other  alienation  of  any 
part  of  such  property  can  be  made,  nor  any  hen  or  incumbrance  created  thereon,  im- 
less  by  an  instrument  in  writing,  signed  by  the  husband  and  wife,  and  acknowledged  by 
her  upon  an  examination  separate  and  apart  from  her  husband,  before  a  justice  of  the 
supreme  court,  judge  of  the  district  court,  county  judge,  or  notary  public,  or  if  executed 
out  of  the  state,  then  so  acknowledged  before  some  judge  of  a  court  of  record,  or  be- 
fore a  commissioner  appointed  under  the  authority  of  this  state  to  take  acknowledgment 
of  deeds. 

The  husband  shall  have  the  entire  management  and  control  of  the  common  property, 
with  the  like  absolute  power  of  disposition  as  of  his  own  separate  estate.  The  rents 
and  profits  of  the  separate  property  of  either  husband  or  wife  shall  be  deemed  common 
property. 

Upon  the  dissolution  of  the  community  by  the  death  of  either  husband  or  wife,  one 
half  of  the  common  property  shall  go  to  the  survivor,  and  the  other  half  to  the  descend- 
ants of  the  deceased  husband  or  wife,  subject  to  the  payment  of  the  debts  of  the  de- 
ceased. If  there  be  no  descendants  of  the  deceased  husband  or  wife,  the  whole  shall 
go  to  the  sujrvivor,  subject  to  such  payment. 

In  case  of  the  dissolution  of  the  marriage,  by  the  decree  of  any  court  of  competent 
jurisdiction,  the  common  property  shall  be  equally  divided  between  the  parties,  and  the 
court  granting  the  decree  shall  make  such  order  for  the  division  of  the  common  prop- 
erty, or  the  sale  and  equal  distribution  of  the  proceeds  thereof,  as  the  nature  of  the  case 
may  require. 

The  separate  property  of  the  husband  shall  not  be  liable  for  the  debts  of  the  wife 
contracted  before  the  marriage,  but  the  separate  property  of  the  wife  shall  be  and  con- 
tinue liable  for  all  such  debts. 

In  every  marriaj;:e  hereafter  contracted  in  this  state,  the  rights  of  husband  and  wife  shall 
be  governed  by  this  act,  unless  there  is  a  marriage  contract,  containing  stipulations  contrary 
tnereto  ,  ^ ,  . 

No  estate  shall  be  allowed  to  the  husband  as  tenant  by  courtesy  upon  the  decease  of  bis 
wife,  nor  any  estate  in  dower  be  allowed  to  the  wife  upon  the  decease  of  her  husband 


SPECIAL   LAWS   OF   CALIFORNIA.  365 

Rate  of  Interest 

When  there  is  no  express  contract  in  writing:,  fixing  a  different  rate  of  interest,  interest 
•hall  be  allowed  at  the  rate  of  ten  per  cent,  per  annum,  for  all  moneys  after  they  hecomo 
dae  on  any  bond,  bill,  promissory  note,  or  other  instrument  of  writing,  on  any  judament, 
recovered  before  any  court  in  this  state,  for  money  lent,  for  money  due  on  the  8e?tlement 
of  accounts,  from  the  day  on  which  the  balance  is  ascertained,  and  for  money  received  to 
the  use  of  another.  Parties  may  contract  for  any  rate  of  interest  whatever  on  money  due 
or  to  become  due  on  any  contract. 


WiUs. 

No  will,  except  such  nuncupative  wills  as  are  mentioned  in  the  following  section,  shall  bo 

ilid,  unless  it  be  in  writing,  and  signed  by  the  testator  or  by  some  person  in  his  presence, 

and  by  his  express  direction,  and  attested  by  two  or  more  competent  witnesses  subscribing 


Talid,  unless  it  be  in  writing,  and  signed  by  the  testator  or  by  some  person  in  his  presence, 
their  names  to  the  will,  in  the  presence  of  the  testator. 


No  nuncupative  will  shall  be  good,  when  the  estate  bequeathed  exceeds  the  value  of  five 
hundred  dollars;  nor  unless  the  same  be  proved  by  two  witnesses,  who  were  present  at 
the  making  thereof;  nor  unless  it  be  proved  that  the  testator,  at  the  time  of  pronouncing:  the 
Bume,  did  bid  some  one  present  to  bear  witness  that  such  was  his  will,  or  to  that  eflect;  nor 
unless  such  nuncupative  will  was  made  at  the  time  of  the  last  sickness  and  at  the  dwelling- 
house  of  the  deceased,  or  where  he  or  she  had  l)een  residing  for  the  space  of  ten  days  *{ 
more,  except  where  such  person  was  taken  sick  from  home,  and  died  before  his  or  her  re/' .a. 
Nothing  contained  herein  shall  prevent  any  soldier  being  in  actual  service,  nor  mariner  oe- 
iog  on  shipboard,  from  disposing  of  his  wages  and  other  personal  estate  by  a  nuncupative 
will. 

Any  married  woman  may  dispose  of  all  her  estate  by  will,  and  may  alter  or  revoke  the 
will,  in  like  manner  as  a  person  under  no  disability  might  do;  provided  that  no  such  will, 
alteration,  or  revocation,  shall  be  of  any  validity,  without  the  consent  of  the  husband,  in 
writing,  annexed  to  such  will,  alteration,  or  revocation,  and  attested  and  subscribed,  and 
to  be  proven  and  recorded  in  like  manner  as  a  will  is  required  to  be  witnessed,  proven, 
and  recorded,  unless  the  wife  has  power  to  make  a  will,  conferred  by  marriage  contract 
or  authority  in  writing,  executed  by  her  husband  before  marriage. 


Household  and  Homestead  Exemption. 

Thb  following  property  is  exempt  from  execution,  except  as  herein  otherwise  speciallj 

f provided:  1.  Chairs,  tables,  desks,  and  books,  to  the  value  of  one  hundred  dollars,  belong- 
ng  to  the  judgment  debtor.  2.  Necessary  household,  table,  and  kitchen  furniture,  belong- 
ing to  the  ludfrment  debtor,  including  stove,  stove-pipe,  and  stove-furniture,  wearing  appa- 
rel, beds,  b«;ddinjr  and  bedsteads,  and  provisions  actually  provided  for  individual  or  family 
ase  sufficient  for  one  month.  3.  The  farming  utensils,  or  implements  of  husbandry,  of  the 
Judgment  debtor;  also  two  oxen,  or  two  horses,  or  two  mules,  and  their  harness,  and  one 
cart  or  wagon,  and  food  for  such  oxen,  horses,  or  mules,  for  one  month.  4.  The  tools  and 
Implements  of  a  Hierhanic,  necessary  to  carry  on  his  trade,  the  instruments  and  chests  of 
a  surgeon,  physician,  surveyor,  and  demist,  necessary  to  the  exercise  of  their  professions, 
with  their  pr(')(e8«jonal  library,  and  the  law  libraries  of  an  attorney  or  counsellor.  5.  The 
tent  and  furniture,  including  n  table,  camp-stools,  bed  and  bedding  of  a  miner;  also,  his 
rocker,  shovels,  spade,  wheelbarrows,  pun)ps,  and  oilier  instruments  used  in  mining,  with 
provisions  necessary  for  his  support  for  one  month.  6.  Two  oxen,  or  two  horses,  or  two 
n/ules,  and  their  harness,  and  one  cart  or  wapon.  by  the  use  of  which  a  cartman,  teamster, 
or  other  laborer,  habitual! v  earns  his  living;  and  food  for  such  oxen,  horses,  or  mules,  for 
one  month  ;  and  a  horse,  namess,  and  vehicle,  used  by  a  physician  or  surg:eon  in  making 
his  professional  visits.  7.  All  arms  and  accoutrements  required  by  law  to  be  kept  by  any 
p«Ti»<iri.  Hill  no  article  mentioned  in  this  act  shall  be  exempt  from  an  execution  issued  oa 
a  1  v«red  for  its  price,  or  upon  a  mortgage  thereon. 

1  I.  consisting  of  a  quantity  of  land,  together  with  the  dwelllntr-house  there- 

OTi  '-nnnres,  and  not  exceeding  in  value  the  sum  of  five  thousand  dollars,  to  be 

•«•  ■  ,  .  _  thereof,  shall  not  be  subject  to  forced  sale  onexecution,  or  any  other 

fir  irt,  for  any  debt  or  linliility  contracted  or  incurred  after  June  first, 

IJ*  r  lucurred  at  any  time  in  any  other  place  than  in  this  state. 

I  •  -   iiit  •vntid  lo  mechanics'  or  venders*  liens,  or  to  any  mortgage  law- 

fully oi<!  ,iii>-<l;  liut  iiu  !i;  '  .  or  alienation,  by  a  married  man.  is  valid  without  the 

■iKnature  of  the  wife.  ».  Ijv  her  apart  from  her  husband,  unless  it  be  to  secure 

the  p»vm»*nf  ofpnrcliii  ■  iber  is  if  exempt  from  liability  f<jr  taxes. 

A- '  ....  -.iid  if  the  plaititiff  requires  it.     Ifthelot 

•e  .  or  less,  and  the  appraisers  value  the 

Is'  '  <-B8  oi   the  whole  niuybesold;   if  the 

wl  ijiii'.,  mill  no  bid  cum"  be  received  for 

)e»«  thai  1  sqiiiirp  yards,  and  JS^HK) 

in  value.  i.  including  the  dwelling- 

*iuaae  a*  .  dpsiynate  such  nrticlea 

of  persoiLi.  ,....,...,  „.  „..  ,A.ii.,n  ..,  ,„w  ii.,i.i  ic,  ..i.w  i.M.,.l  sale.  The  same  boncfila 
■ccme  to  Ui«  wife  and  biaowu  legitimate  children,  upon  the  death  of  the  bead  of  a  fkmlly. 

31» 


366 


368   UNITED   STATES    AND   FOREIGN    RATES    OF    POSTAGE. 


UNITED  STATES  AND  FOREIGN  POSTAGE. 

UNITED  STATES  INLAND  POSTAGE— New  Rates. 

The  following'  abstract  contains  all  the  provisions  relating'  to  letters  and 
printed  matter  of  the  postage  law,  passed  March  3,  1851,  and  the  amend- 
ment of  1855,  requiring  letters  to  be  prepaid,  to  places  within  the  U.  States. 

Letter  Postage. — The  postage  for  a  letter,  not  exceeding  half  an  ounce 
in  weight  (avoirdupois),  sent  not  more  than  3,000  miles,  is  three  cents;  for 
any  distance  over  3000  miles,  ten  cents.  Each  additional  half  ounce  or  frac- 
tion of  half  an  ounce,  is  charged  with  an  additional  single  postage,  according  to 
the  distances  before  mentioned.  These  rates  apply  only  to  places  within  the 
United  States,  and  the  postage  must  be  paid  in  advance  or  the  letter  toill  not 
he  sent  to  its  destination.     Drop  letters  one  cent  each. 

A  letter,  v/^hen  conveyed  wholly  or  in  part  by  sea,  and  to  or  from  a  foreigrj 
country,  under  2,500  miles,  ten  cents  ;  any  greater  distance,  twenty  cents  ;  except 
in  cases  where  the  postages  have  been  or  shall  be  adjusted  at  different  rates  by 
postal  treaty  or  convention  (see  postage  with  foreign  countries).  Each  half  ounce 
or  fraction  of  half  an  ounce  is  rated  at  a  single  postage.  The  postage  to  or  fronx 
California  and  the  Territories  on  the  Pacific  is  tea  cents,  which  must  be  prepaid. 

Postage  on  rBiNTKD  Mattek. — The  rates  of  postage  to  be  charged  upon  news- 
papers,  periodicals,  books,  unsealed  circulars,  and  every  other  description  of  printed 
matter,  transient  or  otherwise,  from  and  after  the  30th  of  September,  1852,  will  be  as 
follows  : — 

Newspapers,  periodicals,  unsealed  circulars,  or  other  article  of  printed  mattnr  (excep* 
books),  when  sent  to  any  part  of  the  United  States,  weighing  not  over  three  ounces,  one 
cent ;  and  one  cent  for  each  additional  ounce. 

Newspapers  and  periodicals,  when  circulated  in  the  state  where  published,  and  weigh- 
ing not  more  than  one  and  a  half  ounces,  are  charged  half  a  cent. 

Small  newspapers,  published  monthly  or  oftener,  and  pamphlets  not  containing  more 
than  sixteen  octavo.pages,  when  sent  in  single  packages  to  one  address,  and  prepaid  by 
postage-stamps,  when  weighing  at  least  eight  ounces,  are  chafged  four  cents,  and  half 
a  cent  for  each  additional  ounce. 

Books,  bound  or  unbound,  not  weighing  over  four  pounds,  for  any  distance  under 
3,000  miles,  prepaid,  one  cent  for  each  ounce. 

For  any  distance  over  3,000  miles,  prepaid,  two  cents  for  each  ounce. 

Weekly  newspapers  only,  sent  to  subscribers  in  the  county  where  published,  are  free. 

Newspapers  and  periodicals  sent  from  the  office  of  publication  to  actual  subscribers, 
when  paid  quarterly  rti  advance,  are  charged  one  half  the  above  rates. 

Quarterly  payments  in  advance,  may  be  made  either  at  the  mailing  office  or  the  office 
of  delivery.  Wlien  made  at  the  mrfiling  office,  satisfactory  evidence  of  such  payment 
mu>t  be  exhibited  to  the  postmaster  at  the  office  of  delivery. 

Transient  matter,  to  be  entitled  to  the  benefit  of  the  rates  above  mentioned,  must  be 
prepaid  at  the  mailing  office.    If  not  prepaid,  it  is  subject  to  double  those  rates. 

Small  newspapers,  &c.,  when  sent  in  packets  of  less  than  eight  ounces,  must  berated 
singly. 

Books,  sent  unpaid,  are  subject  to  fifty  per  cent,  postage  additional  to  the  prepaid  rate. 

Newspapers,  periodicals,  magazines  or  any  other  printed  paper,  or  matter,  must  be  sent, 
without  any  covers  or  wrappers,  or  in  covers  or  wrappers  open  at  the  ends  or  sides,  so  that 
the  character  of  the  matter  may  be  determined  without  removing  such  matter. 

In  case  there  is  on  or  in  any  newspaper,  periodical,  pamphlet,  or  other  printed  matter  or 
paper  connected  therewith,  any  manuscript  of  any  kind,  by  which  information  shall  be 
asked  for,  or  communicated  in  writinfr,  or  by  marks  or  signs,  or  the  directions  herein  pre. 
scribed  are  in  any  other  respect  not  complied  with,  the  same  becomes  subject  to  letter  pos- 
lafre  ;  and  it  is  the  duty  of  the  postmaster  to  remove  the  wrappers  or  envelopes  from  all 
printed  matter,  not  charged  with  letter  postage,  for  the  purpose  of  ascertaining  wiiether 
there  is  upon  or  connected  with  such  printed  matter,  or  in  sucIj  package,  any  matter  or  thing 
which  would  authorize  or  require  tlie  charge  of  a  higher  rate  of  postafj:*^  tliereon. 

Publishers  of  newspapers  aud  periodicals  may  send  to  each  other,  from  their  respective 
offices  of  publication,  free  of  postage,  one  copy  of  each  publication  ;  and  may  also  send  to 
each  actual  subscriber,  enclosed  in  their  publications,  bills  and  receipts  for  the  same  free  of 
postage.  Postmasters  are  not  entitled  to  receive  newspapers  free  of  postage  under  theii 
franking  privilege. 


UNITED    STATES    AND    FOREIGN    POSTAGE. 


369 


POSTAGE  WITH  FOREIGN  COUNTRIES. 
In  tbe  hrail-wo  columns  of  this  list,  the  rates  named  must  in  every  instance  be  pre-paid, 
and  with  five  cents  more  when  the  letter  is  from   Orej^on  or  California.    Payment  of 
any  sum  less  than  the  full  rate  will  he  of  no  benefit.    Newspapers  must  oe  prepuid. 


Postage  for  Letttrt  weighing  halj  an  ounce  or  under. 

Aden  (Asia)  vifi  Southampton 

Do.  via  Marseilles 

Alexandria 

Algeria 

Ascension  via  England 

Austria  and  its  States 

Australia  or  other  country,  by  private  ship  via  England 

Azores,  Islands,  via  SoutUampton  and  Lisbon 

Baden  

Bavaria 

Belgium 

Beyrout 

Bourbon  via  Southampton  &  India 

Bourbon  via  Marseilles 

Bremen 

Brunswick 

Brazi Is  via  Falmouth 

Buenos  Avres  via  England 

Canary  Islands  do 

Candia. 

Cape  de  Verde  Islands 

Cesme 

Ceyion  via  Southampton 

Do.      via  Marseilles 


China  (except  Houg  Kong)  via  Marseilles 

Do.  do.  via  Southampton.... 

Do.  do.  via  Trieste 

Constantinople 

Cuxhaven 

Dardanelles 

Denmark 

East  Indies  via  Southampton 

Do.         via  Marseilles. 

Do.         (English  possessions  in)  via  Trieste 
Do.        countries  m  and  beyond  E.Indies  via  Trieste 
Egypt  (except  Alexandria)  via  Southampton 

Do.  do.  via  Trieste 

Do.  do.  by  closed  mall  via  Marseilles 

Do.  do.  by  Fr.  packet  via  Marseilles 

France 

Galalz 

Galllpoll 

Oerroan  States 

Gibraltar 

Greece  via  Trieste 

Da     via  Marseilles 

Do.     via  Southampton 

Hambargh. 

Hanover. 

Heligolaod,  Island  of,  vta  London 

Holland 

Uonz  ILong  via  Southampton 

Do.  by  closed  mail  via  Marseilles 

Do.  via 

Ibraila. 

Ionian  Islands 

luly 

Do.   except  Lombard y,  Modena,  Parma,  Tuscany,  fmd 

Java  via  Southampton 

Do.  via  Marseilles 

LamKa. 

Lahuan  via  Southampton  and  India. 

Do.     via  Marseilles 

Lubec,  free  city  of. 


I  Trieste. 


Letteri. 

Newm 

Cts.* 

Cts.t 
45 

Cts.* 

Cts.ll 

45 

4 

65 

65 

21 

5 

§38 

2 

21 

5 

2 

45 

45 

4 

21 

5 

530 

2 

S7 

37 

4 

63 

63 

4 

21 

5 

§30 

2 

21 

5 

§30 

2 

21 

5 

2 

21 

5 

§40 

2 

41 

41 

4 

61 

61 

21 

5 

§30 

2 

21 

5 

§30 

2 

45 

45 

4 

45 

45 

4 

65 

65 

4 

21 

5 

§40 

2 

65 

65 

4 

21 

6 

§40 

2 

45 

45 

4 

65 

65 

43 

43 

33 

33 

62 

4 

21 

5 

§40 

2 

21 

5 

§30 

2 

21 

5 

§40 

2 

li 

5 
5 

§36 

2 

4 

21 

6 

38 

70 

33 

33 

38 

4 

43 

43 

51 

51 

21 

5 

2 

21 

5 

§40 

2 

21 

5 

§40 

2 

21 

5 

§30 

2 

21 

5 

4 

21 

5 

§42 

2 

21 

5 

2 

57 

57 

2 

21 
21 

5 
5 

g 

2 
2 

33 

33 

4 

21 

5 

2 

21 

a 

4 

65 

65 

38 

21 

5 

§3ri 

2 

21 

6 

2 

21 

5 

m3 

2 

Paoal 

States 

^30 

33 

33 

4 

53 

53 

21 

5 

HO 

2 

63 

53 

4 

73 

73 

21 

6 

130 

2 

•  By  United  States  packet,  prepayment  required. 

♦  By  British  packet,  prepayment  required.  ^  In  Prussian  closed  maU. 
t  In  Prunslan  close<l  mall,  either  by  United  Stales  or  British  packet. 
{  Prepaytaent  optional :  in  all  other  cases,  prepayment  Is  required. 


jy  In  British  or  open  mail. 


370 


UNITED    STATES    AND    FOREIGN    POSTAGE. 


Postage  for  Letters  weighing  half  an  ounce  or  under. 


Levante 

Loralmrdy 

Madeira.  Island  of,  via  Sculhampton 

Malta,  Island  of. 

Mauritius  via  Southampton 

Do.       via  Marseilles 

Mechlenburg 

Modena 

Moldavia 

Moluccas  via  Southampton  and  India 

Do.       via  Marseilles 

Montevideo  via  Falmouth 

Mityleiie 

Naples,  Kinsrdom  of 

New  South  Wales  via  Plymouth 

Nev7  Zealand  via  Southampton  and  India. 

Do.  via  Marseilles 

North  Australia  via  Southampton 

Do.  via  Marseilles 

Norway 

Oldenburg.  

Parma. 


Piacentia 

Phillippine  Islands  via  Southampton. 
Do.  via  Marseilles... 

Poland 

Portugal  via  Southampton 

Prussia 

Rhodes  

Ro-nan  or  Papal  States 

Ri  jsia 


SKlonica 

Samsum 

Sardinia 

Saxony 

Sell  werin 

Strelitz 

Scutari  (Asia) 

Smyrna 

Sicily 

Servia 

Sierra  Leone 

South  Australia  via  Plymouth 

Spain  via  France '. 

Do.  via  Southampton 

Sumatra  via  Southampton , 

Do.     via  Marseilles 

Indian  Archipelago  via  Marseilles 

Sweden 

Switzerland 

Syria  via  Southampton 

Do.  via  Marseilles  by  French  packet 

Do.  Do  closed  mail 

Tenedos 

Trebizonde 

Tuloza 

Tunis  via  Marseilles  by  French  packet 

Turkey  (in  Europe)  and  Turkish  Islands  in  the  Mediter- 
ranean, except  as  herein  mentioned 

Tuscany 

Van  Diemen's  Land  via  Plymouth 

Varna 

Venezuela  via  Southampton 

Venetian  States 

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West  Australia  via  Plymouth 

Wurteniburg 


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21 

5 

30 

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K 

21 

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?33 

2 

6 

65 

65 

4 

21 

5 

2 

45 

45 

4 

65 

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21 

5 

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2 

6 

21 

5 

§33 

4 

6 

21 

5 

30 

2 

6 

41 

41 

4 

61 

61 

83 

83 

4 

21 

5 

§40 

2 

6 

21 

5 

30 

2 

6 

33 

33 

4 

53 

53 

4 

73 

73 

53 

63 

4 

73 

73 

21 

5 

§46 

2 

6 

21 

5 

§.'>(! 

2 

8 

21 

5 

§33 

2 

6 

21 

5 

30 

2 

6 

41 

41 

4 

61 

61 

21 

5 

§37 

6 

63 

63 

4 

21 

5 

§30 

2 

6 

21 

5 

§40 

2 

tf 

21 

6 

§35 

2 

6 

21 

5 

§37 

6 

21 

5 

§40 

2 

6 

21 

5 

§40 

2 

ti 

21 

6 

38 

2 

6 

21 

5 

§30 

2 

6 

21 

5 

§30 

2 

6 

21 

6 

§30 

2 

b 

21 

5 

30 

2 

6 

21 

5 

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2 

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21 

5 

30 

2 

6 

21 

5 

30 

2 

b 

45 

45 

4 

33 

33 

4 

41 

41 

73 

73 

4 

41 

41 

4 

61 

61 

73 

73 

21 

5 

§42 

2 

6 

21 

5 

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2 

b 

57 

57 

4 

51 

51 

61 

61 

21 

6 

§40 

2 

6 

21 

5 

§s 

2 

6 

21 

5 

2 

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2 

*  By  United  States  packet,  prepayment  required.  Jl  In  British  or  open  mail. 

t  By  British  packet,  prepayment  required.  Tf  In  Prussian  closed  maiL 

i  In  Prussian  closed  mail,  either  by  United  States  or  British  packet. 
§  Prepayment  optional :  in  all  other  cases,  prepayment  is  required. 


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Hamburg 15 

Hanover 15 

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Kiel 15 

Lippe  Detmold 22 


UNITED    STATES    AND    FOREIGN    POSTAGE.  371 

Other  Foreign  Letter-Postage, 

The  postage  on  letters  by  the  United  States  and  Bremen  line  of  steamers,  which  sail 
aemi-monthly,  is  as  follovrs.    Prepayment  optional : — 

Cents 

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Schwartzburgh-Sunderhausen^ 22 

Wurtemberg,  Kingdom  of. 22 

Between  any  place  in  the  United-States  (except  California  and  Oregon,  when  five  cents 
additional  will  be  chareed)  and  any  place  in  Great  Britain  and  Ireland,  by  either  tlie  United 
States  or  British  line,  the  entire  postage  is  24  cents  for  each  half  ounce  or  less. 

Between  anv  place  in  the  United  States  (not  over  3,000  miles  from  the  line  of  crossing) 
and  Canada,  tne  provinces  of  New  BrunswicK,  Nova  Scotia,  Newfoundland,  and  Cape 
Breton,  on  a  letter  not  exceeding  hatt"  an  ounce,  the  postage  is  10  cents  ;  over  3,000  miles 
from  the  line  of  crossing,  15  cents;  an  additionail  rate  for  each  half  ounce  or  less  ;  prepay- 
ment is  optional. 

On  letters  to  Mexico,  Chagres,  Panama,  Cuba,  Antigua,  Barbadoes,  Bahamas,  Berbice, 
Cariaco,  Demerara,  Dominica,  Essequibo,  Grenada,  Jamaica,  Montserrat,  Nevis,  St.  Kitt'S, 
St  Lucia,  St.  Vincent,  Tobago,  Tortola,  and  Trinidad,  if  the  distance  frcm  the  mailing 
office  does  not  exceed  2,500  miles,  the  postage  is  ten  cents ;  if  it  exceeds  2..500  miles,  20 
cents.  The  above  postage  must  be  jtrepaid  on  letters  sent  from,  and  collected  on  thf>Be 
received  in  the  United  States.  On  letters  from  the  West  India  islands  (not  British),  Cartha- 
gena,  Honduras,  and  San  Juan,  or  places  on  the  Atlantic  coast  of  Soutii  America,  not  in 
British  possessions,  the  postage  is  34  cents,  if  less  than  2,500  miles,  or  44  cents  if  over ; 
which  must  be  prepaid  on  letters  sent/ro»j  the  United  States. 

The  postage  on  letters  tent  from  the  United  States  to  the  following  places  on  the  Pacific 
coast  of  South  America,  will  be  34  cents,  which  must  be  prepaid  ;  on  letters  received,  onlv 
10  cenU  will  be  collected  in  the  United  States,  viz. :  Guayaquil,  Quito,  Ecuador  ;  Cobija,  La 
Paez,  Bolivia;  Copinpo.  Huasco,  Coquinibo,  Valparaiso,  St.  lago,  Chili.  To  places  in 
Peru,  viz  :  Payta,  Lambayeque,  Huanchaco,  Casma,  Huacho,  Callao,  Lima,  Pisco,  Islay. 
Arica,  and  Iqiiioue.  22  cents  on  letters  $ent,  and  10  cents  on  those  received.  To  Bogota  and 
Buenaventura,  New  Grenada.  18  cents  on  letters  tent,  and  10  cents  on  those  received. 

Letters  sent  from  the  Unitea  States  to  foreign  countries  by  pWrate  vessels,  are  chargeable 
with  6  cents  postage  which  must  be  prepaid.  Letters  are  sent  in  this  way  from  California 
to  the  Sandwich  islands,  China,  and  New  South  Wales ;  and  also  from  other  places  in  the 
United  States  to  foreign  countries. 

Foreign  Nexcnpaper  and  Pamphlet  Postage. 

NEWsrAPEas.— The  regular  United  States  rates  to  and  from  the  line,  are  collected  on 
newspapers  to  or  from  Canada.  The  postage  between  the  United  States,  Great  Britain, 
and  Ireland,  the  British  West  Indies,  Mexico,  Chapes,  Cuba,  and  Panama,  is  two  cents, 
U>  be  prepaid  when  sent,  and  collected  when  received.  To  the  West  India  islands,  {not 
British),  Carthagena,  Honduras,  and  San  Juan,  six  cents  on  papers  sent,  and  two  cents  on 
those  received.  To  places  on  the  Pacific  coast  of  South  America,  the  postage  to  be  paid  ia 
6  cents  when  tent  from,  and  2  cents  when  received  in  the  UnTted  States. 

PEaioDiCAUs,  iLC. — The  postage  on  pamphlets  and  perio<licttl8  to  Great  Britain  and 
Ireland  ta  two  cents  each.  If  not  weighing  over  two  ounces,  and  4  cents  an  ounce  or  fraction 
of  an  ounce.  If  they  exceed  two  ounces,  to  be  collected  in  all  cases  in  the  United  States. 
AH  such  printed  matter  is  subject  to  like  additional  charees  in  Great  Britain,  each  country 
collecting  its  own  postage  on  printed  matter,  whether  the  same  is  sent  or  received.  No 
pamphlet  cam  be  sent  weighing  over  eight  ounceH,  and  no  pericxiical  over  16  ounces,  with- 
oat  being  subject  to  letter  postage.    Neither  pamphlets  nor  periodicals  are  entitled  to  coa> 


Teraoee  through  England.  »»r'*«nf  for  France. 
The  poatage  on  psmphlets  and  magazines  to 
Oivat  Britain,  the  British  North  American  provinces,  and  the  west  coast  of  South  XTnerica), 


tage  on  pamphlets  and  magazines  to  all  foreign  countries  (with  the  exception  of 


by  whatever  line,  is  one  cent  an  ounce  or  fraction  of  an  ouiicp,  to  be  prepaid. 

Newspapers  and  periiKliciils  to  foreign  countries  (particularly  to  the  continent  of  Europe) 
must  be  sent  in  narrow  bands,  open  at  iLu  sides  or  ends ;  tiherwiae  they  are  chari^eaLle 
ttieni  with  lattar-posuge 


^'^^  BOOK-KEEPIIVG. 


BOOK-KEEPING. 

^  The  ftrt  of  Bookkeeping  teaches  to  record  systematically  the  various  transac 
tipos  of  business  in  any  occupation  in  which  a  person  may  be  engaijed,  so  that  he 
may  know  his  pecuniary  situation,  possess  ability  to  substantiate  his  claims,  and 
protecthis  property,  and  at  death  leave  behind  him  evidence  that  will  enable  his 
friends  to  understand  his  business  relations  and  engagements,  and  settle  his  affairs 
in  a  satisfactory  manner.  For  these  reasons  no  one  should  fail  to  keep  a  book- 
record,  instead  of  relying  on  his  memory  or  loose  papers  for  evidence. 

There  are  two  methods  of  book-keeping,  Single  and  Double  Entry ;  the  las. 
is  employed  in  extensive  and  complicated  mercantile  business,  where  a  check  is 
required  upon  each  entry,  to  prove  that  it  has  been  properly  recorded.  The 
first  is  generally  used  by  persons  engaged  in  ordinary  business,  as  it  is  more  simple 
and  suflSciently  correct  for  such  purposes.  It  retjuires  but  three  books — the  D ay- 
Book,  Ledger,  and  Cash-Book  ;  to  these  may  be  added,  a  Bill-Book,  in  which 
f  11  notes,  received  or  given,  are  recorded,  showing  when  drawn,  by  whom,  in 
whose  favor,  length  of  time,  when  due,  amount  of  note,  and  any  explanatory 
remarks  required  ;  also,  a  Sales-Book,  in  which  orders  for  goods  or  the  details  of 
sales  are  entered,  and  a  B,eceipt-Book  where  receipts  can  be  permanently  kept. 

DAY-BOOK. 

The  Day-book  should  contain  statements  of  every  business  transaction,  which 
gives  rise  to  persons  owing  us  or  to  our  owing  them,  properly  arranged  under 
the  head  of  debtor  or  creditor.  The  accounts  should  be  entered  in  this  book 
fit  the  time  they  were  created,  or  in  the  order  in  which  they  occurred  in  business. 

The  book  should  be  commenced  by  stating  the  name  of  the  owner  and  his 
residence.  The  day,  month,  and  year,  should  then  be  written,  and  repeated 
at  the  head  of  each  page  corresponding  with  the  date  of  the  first  transaction  on 
the  page,  the  subsequent  dates  on  the  page  may  stand  above  the  transaction  to 
which  they  belong.  In  making  an  entry  the  name  of  the  person  with  whom  we 
deal  is  written,  with  Dr.  or  Cr.  at  the  right  of  the  name,  to  show  whether  he 
becomes  debtor  or  creditor  by  the  transaction.  Then  a  statement  should  follow 
of  the  business  done,  specifying  the  articles  bought  or  sold,  and  the  price  of  each. 
The  total  amount  should  be  added  up  and  entered  in  the  dollar  and  cent  columns. 
The  person  with  whom  you  deal  is  debtor  for  whatever  he  receives  of  ycu,  and 
creditor  for  whatever  you  receive  of  him,  is  the  rule  for  determining  how  an 
entry  must  be  made.  The  entries  in  the  Day-book  are  transferred  to  the  Ledger 
where  all  the  transactions  relating  to  an  individual  are  recorded  on  a  page  devo- 
ted to  his  account.  The  figure  at  the  left  of  an  entry  indicates  the  page  of  the 
Ledger  to  which  it  has  been  carried.     (See  posting  accounts.) 

If  a  mistake  is  made  in  an  account,  it  should  not  be  corrected  by  altering  the  ori- 
ginal entry,  but  a  new  entry  made  debiting  or  crediting  the  amount  of  the  error, 
thus,  "John  Smith,  Cr.  by  [or  Dr.  to]  error  in  account  of  Oct.  6,  $1.50."  This 
will  enable  a  person  to  swear  before  a  court  that  his  book  contains  his  original 
entries  without  an  alteration. 


The  Ledger  is  employed  for  collecting  the  scattered  accounts  of  the  Day-book. 
The  accounts  which  relate  to  the  same  individual  are  brought  together  on  one 
page,  showing  all  the  debits  and  credits,  thus  enabling  the  owner  to  tell  at  a 
glame  the  state  of  his  account  with  any  person.  Tlie  Dr.  accounts  are  placed 
on  the  left  hand  of  the  page,  and  the  Cr.  on  the  right.  The  Ledger  may  ba 
ruled  according  to  the  example  on  page  351.  Every  Ledger  should  have  an 
index,  in  which  all  the  names  it  contains  are  alphabetically  arianged,  with  the 
page  of  the  Ledger  on  which  the  account  can  be  found. 


BOOK-KEEPING.  373 

Posting  Accoonts. — Transferring  accounts  from  the  Day-Book  to  the  Lodger 
is  called  posting'.  Commence  with  the  first  name  in  the  Day-Book,  which  in  onr 
example  is  William  Smith  ;  begin  by  writing  his  name  in  a  fair  hand  at  the  top 
of  the  page,  with  his  residence  if  different  from  your  own,  placing  Dr.  on  the 
left,  and  Cr.  on  the  right  of  the  name.  As  he  is  debtor  to  us  we  commence  at 
the  left  hand,  writing  in  the  first  column  the  year,  month,  and  day,  in  the  second 
the  page  of  the  Day-book  on  which  the  original  entry  can  be  found,  in  the  third 
the  name  of  the  article,  or  if  several  articles  are  recorded  under  one  date,  they 
may  be  entered  with  the  general  designation  of  sundries  or  merchandise,  and  in 
the  fourth  column  the  total  amount  of  the  transaction.  Against  the  account  in  the 
Day-book  mark  the  page  of  the  Ledger  to  which  it  has  been  posted  ;  a  mark 
can  also  be  made  to  show  that  it  has  been  transferred  to  the  Ledger.  Now  take 
the  second  transaction  in  the  Day-book,  and  if  it  is  another  name  take  a  new 
page  in  the  Ledger,  and  proceed  in  the  same  maimer  as  the  first.  In  this  wav 
all  the  entries  in  the  Day-book  are  posted  to  each  person's  account,  every  week 
or  month  as  opportunity  may  occur.  By  subtracting  one  side  from  the  other 
the  balance  which  is  due  will  be  found.  The  specimen  page  represents  three 
pages  of  a  Ledger,  to  correspond  with  the  three  persons  who  have  transactions 
in  the  Day-book. 

Balance  Sheet. — This  may  be  made  to  accomplish  a  double  purpose,  as  it 
will  exhibit  the  state  of  the  owner's  accounts,  by  determining  the  amounts  owing 
him  and  that  he  may  owe,  and  also  prove  that  the  accounts  have  been  correctly 
posted  and  added.  The  method  is  as  follows :  rule  a  sheet  of  paper  similar  to 
bdger  page,  for  debtor  and  creditor  ;  add  up  all  the  items  of  credit  on  a  page  of 
the  Day-book,  and  enter  the  amount  on  the  sheet,  then  add  the  debits  in  the  same 
manner,  and  proceed  in  this  way  for  whatever  time  it  is  wished  the  proof  should 
cover,  add  up  the  two  columns  and  subtract  one  total  from  the  other,  and  the 
difference  will  be  the  balance  of  the  Day-book.  Turn  to  the  Ledger  and  obtain 
the  balance  of  each  person's  account,  and  place  it  under  its  proper  head  ;  add 
these  up,  and  the  difference  will  be  the  Ledger  balance.  If  the  two  balances 
agree,  it  proves  the  entries  have  been  correctly  posted. 

A  complete  balance  sheet  should  be  made  out  once  or  twice  a  year,  when  an 
Inventory  of  stock  on  hand  is  taken  and  added  to  the  debtor  balances  of  ac- 
counts, and  the  original  capital  is  added  to  the  credit  balances,  (or  balances  we 
owe,)  these  compared  vrll  give  the  amount  of  profit  or  loss.  It  will  be  remem- 
bered that  this  sheet  is  an  account  between  ourselves  and  our  books. 

All  the  accounts  in  the  Ledger  ought  to  be  balanced  twice  a  year.  To  do  this 
add  up  each  column  and  find  the  difference,  and  make  an  entry  of  this  balance 
OD  the  side  that  is  smallest  (this  should  be  made  with  red  ink  to  distinguish  it 
from  other  entries) ;  both  sides  now  being  equal,  draw  a  line  under  them  to  show 
the  fact  Now  place  the  balance  on  the  opposite  side,  so  that  it  will  exhibit  the 
troe  state  of  the  account     (See  Wm.  Smith's  account  on  the  Ledger  page.) 

CASH-BOOK. 

The  Cash-book  records  the  payment  and  receipt  of  cash.  Cash  is  made  debtor 
to  the  cash  on  hand  and  cash  received,  and  credited  with  what  is  paid  out  At 
the  close  of  each  day  or  week,  the  cash  on  hand  is  counted,  and  the  amount  en- 
tered on  the  credit  side.  This  should  make  the  debits  and  credits  equal ;  the 
aiDOunt  of  cash  on  hand  is  then  entered  on  the  debtor  side.  If  money  is  paid  to 
or  received  from  a  person  who  has  an  account  with  us  it  is  also  entered  in  the 
Day-book  ;  the  total  receipts  and  expenditures  are  carried  to  the  Day-book  as 
often  as  the  Cash-book  is  balaor-ed.     (See  form  of  Cash-book.) 

Farmers  and  mechanics  who  make  but  few  entries,  and  therefore  require  but 
one  book  for  their  arcounts,  cai  adopt  the  plan  of  the  Ledger,  omitting  the  col- 
omn  for  day-book  page,  and  maKe  their  original  entries  on  a  page  devoted  to 
•ach  perwn  with  whom  they  deal.     It  should  have  an  index  \^e  the  Ledger. 
32 


374 


BOOK-KEEPING. 


Day-Book. 

Peter  Stone,  Geneva,  New  York,  October  2, 1850. 


William  Smith  Dr. 

To  8  yds.  of  muslin,  at  9  cts.  a  yd $0.72 

To  4  yds.  of  cloth,  at  $3  a  yd 12.00 

To  1  scythe 1.10 


Henry  Jones  Dr. 

To  1  pr.  of  shoes $1.40 

Tol  lb.  of  tea 75 


Charles  Johnson 
By  1  yoke  of  oxen 


Cr. 


Henry  Jones  Dr. 

To  14  lbs.  nails,  at  6  cts .• $0.84 

To  5  galls,  molasses,  at  32  cts 1.60 

To  12  lbs.  cheese,  at  10  cts 1.20 

Cr. 
By  8  lbs.  wool,  at  36  cts 


William  Smith  Cr. 

By  1  load  of  hay $6.00 

By  12  lbs.  batter,  at  9  cts 1.08 


Charles  Johnson 
To  Cash 


Dr. 


William  Smith  Dr. 

To  1  stove $14.00 

To  8yds.  cloth,  at  $3 24.00 

To  Ihorse 42.00 


Charles  Johnson  Dr. 

To  1  set  of  harness $20.00 

To  1  wagon 64.00 


Henry  Jones  Dr. 

To  28  lbs.  sugar,  at  8  cts $2.24 

To  i  barrel  of  flour 7.00 

To  3  brooms,  at  14  cts .42 


Cr. 


Charles  Johnson 

By  20  bushels  com,  at  62  cts $12  40 

By  cash 30.00 

By  order  on  Peter  Wilkins 21.00 

_  7  


Charles  Johnson 
To  check  to  balance  account. 


Dr. 


10 


Henry  Jones 
By  Cash  to  balance  account. 


Cr. 


12- 
William  Smith 
By  his  note  at  3  months  from  date. 


Cr. 


BOOR-KEEPING. 


375 


Dr, 


Ledger. 

William  Smith.    (Waterloo.) 


Cr. 


Oct.  2 
•     4 


To  Sandrics 

"   Sundries 


"  18       To  Balance. 


$  13 
80 

82 
00 

1850. 

Oct.   3 

"    12 

1 

1 

93 
"Tl 

82 
74 

By  hay  and  butter .. 

"  note  at  3  mos 

"  Balance 


e  7 

75 

n 


93 


2        Dr. 


Henry  Jones. 


Cb.        2 


1650. 
Oct.  2 
"     3 
"     5 


To  Sundriea 
"  Sundriea 
*'   Sondries 


1850. 

•  2 

15 

Oct.   3 

1 

3 

64 

"  10 

1 

9 

66 

15 

45 

By  wool. 
"  cash . 


15 


45 


3 


Dr. 


Charles  Johnson. 


Cr. 


1850. 
Oct.  3 

••     A 
"     7 


ToCaah 

•*   harness  k,  wagon 
**  check  to  balance. 


1850. 

t50 

00 

Oct.  2 

1 

Byoa 

84 

00 

"     5 

1 

"  su 

44 

40 

178 

40 

sundries. 


$115 
63 


178 


40 


1        Db. 


Cash-Book. 
Cash. 


Cb. 


1890. 
Oct  2 

♦'     5 
"     5 
"     9 

To  cash  on  hand 

Received  of  C.  Johnson 
Order  on  P.  Wilkins.. 
Receipts  of  store 

«150 
30 
21 
106 

307 

00 
00 
00 
75 

75 

1850. 
Oct.  2 
"     3 
"     7 
••     9 
"     9 

Paid  rent  of  store  6  mos. 
"     Charles  Johnson.. 
"     Charles  Johnson.. 
"     expenses  in  store 

•  75 

50 

44 

8 

130 

307 

00 
00 
40 
20 
15 

75 

Oct  9 

-  10 

To  cRBh  on  hand 

Received  of  H.Jones.  . 

•130 
12 

15 
57 

376 


INTEREST. 


INTEREST. 


Principal  is  the  sum  on  which  interest  is  paid.  Interest  is  the  compensation 
charged  by  the  lender  to  the  borrower  for  the  use  of  the  principal,  and  is  the  real 
meaning-  of  the  word  usury,  though  this  term  is  now  understood  as  a  rate  above 
legal  interest :  usurious  interest,  therefore,  is  the  amount  above  the  legal  rate 
established  by  the  state.  Amount  is  the  principal  and  interest  added  together, 
or  the  whole  sum  of  several  items.  Per  cent,  is  a  rate  on  a  hundred  dollars,  cents, 
or  pounds,  allowed  by  the  lender  for  the  use  of  money.  Per  annum  signifies  by 
the  year.  Per  cent,  per  annum,  means  the  rate  of  interest  on  a  hundred  for  one 
year,  as  six  per  cent,  per  annum  means  six  dollars  to  be  charged  for  the  use  of 
one  hundred  dollars  for  one  year.  Discount  is  a  deduction  of  the  interest 
from  the  principal  at  the  time  the  money  is  lent ;  or  an  allowance  of  interest 
on  a  sum  paid  before  it  is  due  ;  or  a  sum  less  than  par  value.  Commission  or 
brokerage  is  the  percentage  allowed  for  services  in  buying,  selling,  or  transacting 
business,  for  another.  Par  or  nominal  valve  is  the  sum  expressed  on  the  face 
of  a  stock  certificate,  note,  coin,  &c.  Premium  is  a  sum  charged  for  insarance^ 
or  is  the  sum  exceeding  the  par  value  of  anything. 


INTEREST  TABLE, 

4T  BIX  PKB  CENT.,  IN  DOLLABS  AND  CENTS,  FBOM  ONE  DOLLAB  TO  TEN  TH0U3ANI» 


1  day. 

7  da>  8. 

15  days. 

1  mo. 

3mos. 

6mos. 

12  mo8. 

• 

$  c. 

S   c. 

$  c. 

ooi 

$      c. 

f   c. 

$  c. 

$     c. 

1 

00 

00, 

00| 

Oli 

03 

06 

2 

00 

oof 
ooi 

00^ 

01 

03 

06 

12 

3 

00 

oil 

Oli 

04i 

09 

18 

4 

00 

oof 

01 

02 

06 

12 

24 

5 

00 

ooi 

Oli 

02J 

07i 

15 

30 

6 

00 

oof 

oil 

03 

09 

18 

36 

7 

00 

ool 

0]| 

03i 

m 

21 

42 

S 

00 

01 

02 

04 

12 

24 

48 

9 

00 

^^A 

02i 

04^ 

I3i 

27 

54 

10 

00 

01  i 

02i 

05 

15 

30 

60 

20 

ooi 

02i 

05 

10 

30 

60 

1  20 

30 

00^ 

03| 

07| 

15 

45 

90 

1  80 

40 

OOf 

04^ 

10 

20 

60 

1  20 

2  40  ' 

50 

01 

06 

12J 

25 

75 

1  50 

3  00 

100 

OH 

111 

25 

50 

1  50 

3  00 

6  00 

200 

03 

23^ 

50 

1  00 

3  00 

6  00 

12  00 

300 

05 

35 

75 

1  50 

4  50 

9  00 

18  00 

400 

07 

461 

1  00 

2  00 

6  00 

12  00 

24  00 

500 

08 

58i 

1  25 

2  50 

7  50 

15  00 

30  00 

lOOO 

17 

1  l(S\ 

2  50 

5  00 

15  00 

30  00 

60  00 

2000 

33 

2   33i 

5  00 

10  00 

30  00 

60  00 

120  00 

3000 

50 

3  50 

7  50 

15  00 

45  00 

90  00 

180  00 

4000 

67 

4  661 

10  00 

20  00 

60  00 

120  00 

240  00 

5000 

83 

5  8H 

12  50 

25  00 

75  00 

150  00 

300  00 

lOOOO 

1  67 

11  661 

25  00 

50  00 

150  00 

300  00 

600  00 

INTEREST EQUATION. 


577 


INTEREST  TABLE, 

»I  fSTEN  PER  CBNT^  IN  DOLLAKS  AND  C3NTS,  FBOM  ONE  DOLLAB  TO  TEN  THOUSAND 


Iday. 

9  c. 

00 

7  days. 

15  days. 

1  mo. 

3  moa. 

6mos. 

12  mos. 

$ 

$     c. 

$      c. 

ooi 

$      c. 

$        c. 

$       c. 

8     c. 

1 

00 

G0| 

Oil 

03i 

07 

2 

00 

OOJ 

00^ 

01  i 

031 

07 

'     14 

3 

00 

OOi 

OOJ 

OH 

05i 

m 

21 

4 

00 

ooi 

01 

021 

07 

14 

28 

5 

00 

00{ 

OH 

03 

08f 

17i 

35 

6 

00 

OOJ 

on 

03i 

lOi 

21 

42 

7 

00 

01 

02 

04 

12J 

24i 

49 

8 

00 

01 

02i 

04iF 

14 

28 

56 

9 

00 

ou 
oil 

021f 

05i 

15f 

m 

63 

10 

00* 

03 

05{ 

17^ 

35 

70 

20 

00 

021 

06 

111 

35 

70 

1  40 

30 

00 

04 

09 

17^ 

521 

1  05 

2  10 

40 

00 

05i 

12 

23J 

70 

1  40 

2  80 

50 

01 

06! 

15 

291 

87i 

1  75 

3  50 

lOO 

02 

m 

29 

58* 

1  75 

3  50 

7  00 

300 

04 

27i 

58 

1  16? 

3  50 

7  00 

14  00 

300 

06 

401 

87^ 

1  75 

5  25 

10  50 

21  00 

400 

08 

54| 

1  17 

2  33| 

7  00 

14  00 

28  00 

500 

10 

68 

1  46 

2  91| 

8  75 

17  50 

35  00 

lOOO 

m 

1  36 

2  92 

5  83A 

17  50 

35  00 

70  00 

2000 

39 

2  72i 

5  83 

11  60* 

35  00 

70  00 

140  00 

3000 

58 

4  08i 

8  75 

17  50 

52  50 

105  00 

210  00 

4000 

78 

5  44i 

11  67 

23  33J 

70  00 

140  00 

280  00 

5000 

97 

6  80J 

14  58 

29  lOf 

87  50 

175  00 

350  00 

lOOOO 

1  94 

13  61 

29  17 

58  33 

175  00 

350  00 

700  00 

TABLE  FOR  BANKING  AND  BaUATION, 

Showing  (he  number  of  Days  from  any  Date  in  one  Month  to  the  name  Date  tn 
any  other  Month.  Example  :  How  many  Day g  from  the  2d  of  February  to 
the  2d  of  August  ?  Look  far  February  at  the  left  hand,  and  August  at  the 
top — in  the  angle  m  181.    In  leap-year,  add  one  aay  if  February  be  included 


From 

To 

i 

365 
334 
306 
275 
245 
214 
184 
153 
122 
92 
«1 

i 

31 
365 
337 
306 
276 
245 
215 
184 
153 
123 

92 

i 

59 
28 
365 
334 
304 
273 
243 
212 
181 
151 
120 

a 
•< 

"90 
59 
31 
365 
335 
304 
274 
243 
212 
182 
111 

120 

89 

61 

30 

365 

334 

304 

273 

242 

212 

181 

151 

i 

isT 

120 

92 

61 

31 

365 

335 

304 

273 

243 

2Ifi 

183 

i.iA 

181  212 

150  181 

122  153 

91  122 

61     92 

30     61 

365     31 

334  365 

303  334 

273  304 

242  273 

213  343 

1 

243 

212 

184 

153 

123 

92 

62 

31 

365 

335 

304 

374 

^ 

273 

242 

214 

183 

153 

122 

92 

61 

30 

365 

334 

304 

% 
»5 

304 

273 

245 

214 

184 

153 

123 

92 

61 

31 

365 

335 

1 

334 

303 

275 

244 

214 

183 

153 

122 

91 

61 

30 

365 

Jnnaary ~.... 

March 

April 

July 

A  ugait.  ........... 

September..  ••.«... 

October 

November......... 

Decenber 

90  1S1 

32< 


378 


INTEREST MENSURATlOxV. 


CALCULATION  OF  INTEREST. 

To  find  the  Interest  on  any  number  of  Dollars  for  one  Year. — Multiply  th< 
gum  by  the  rate  per  ct.,  and  divide  by  100,  or  cut  off  the  two  right-hand  figures,  an  j 
the  answer  will  be  the  interest  in  dollars  :  but  if  the  original  sum  be  dollars  and 
cents,  proceed  in  the  same  manner,  and  the  answer  will  be  the  interest  in  cents. 
To  find  the  interest  for  more  than  one  year,  multiply  the  answer  by  the  number 
of  years.  ♦  What  is  the  interest  on  f. 550.50  for  one  year  at  5  per  cent  ? 
$550.50  cts. 
5 


Divisor  100)275250(827,  52  eta.,  5  mills. 

To  find  the  Interest  on  any  number  of  Dollars  88,469.32 

and  Cents  for  any  number  of  Days. — Multiply  the  25 

sum  by  the  number  of  days  ;  divide  the  product  by  ■     ■ 

6 ;  cut  off  the  two  right-hand  figures,  and  the  answer  1734660 

will  be  in  dollars,  cents,  and  mills.  693864 

What  is  the  interest  on  $3,469.32  for  25  days,  at  

6  per  cent,  per  annum  ?     Ans.  $14,  45  cts.,  5  mills.  Divisor  6)8673300 

1445550 

Although  the  rate  of  interest  may  vary  from  6  per  cent.,  this  method  can  stilt 
be  used,  by  adding  when  it  is  more  and  substracting  when  it  is  less  than  6  pei 
cent.  First  find  the  interest  at  6  per  cent,  as  in  the  preceding  example,  and 
then — Add one  sixth  of  itself. for  7  per  cent 

Add one  third         "     "    8  per  cent. 

Add one  half  "     "    9  per  cent. 

Add two  thirds       "     "10  percent. 

Subtract  one  sixth         "     "    5  per  cent. 

Subtract  one  third  "     "    4  per  cent. 


MENSURATION. 

To  find  the  Superficial  Number  of  Feet  a  Board  contains. — Multiply  tha 
ifength  of  the  board  in  feet  by  the  breadth  in  inches,  and  divide  the  product  by 
12 :  the  quotient  is  the  contents  in  square  feet.  If  the  board  is  wider  at  one  end 
than  the  other,  add  the  breadths  of  the  two  ends  together,  and  take  half  the 
amount  for  the  mean  breadth  ;  then  multiply  this  by  the  length,  and  divide  by  13 
as  before.  If  the  length  be  feet  and  inches,  reduce  the  whole  to  inches,  multiply 
it  by  the  breadth,  and  divide  by  144,  when  the  answer  will  be  feet. 

To  find  the  Cubic  Contents  of  Square 


Timber. — Muhiply  the  width  and  thick 
ness  in  inches  together,  and  this  amount 
by  the  length  in  feet :  then  divide  the 
product  by  144 — the  answer  will  be  cubic 
feet.  If  the  length  be  feet  and  inches, 
reduce  the  length  to  inches,  and  multiply 
as  before,  dividing  the  product  by  1728": 
the  answer  w^ill  be  cubic  feet. 

For  Round  Timber. — Take  the  mean 
diameter  of  the  log  clear  of  the  bark  ;  de- 
ducting from  this  diameter  one  fourth, 
will  give  the  square  of  the  log ;  multiply 
the  square  thus  found  in  inches  into  it- 
self, and  this  product  by  the  length  in 
feet ;  divide  the  amount  by  144,  which 
will  give  the  cubic  contents  in  feet. 


What  are  the  contents  of  a  board  9 
feet  8  inches  long  and  15  inches  wideT 
9  ft.  8  mches=116  inches. 
15 

580 
116 

144)1740(12  feet  1  inch. 
144 


IS 


WEIGHTS  AND  MEASURES.  379 


WEIGHTS  AND  MEASURES. 

In  1837,  Congress  passed  a  law  for  regulating  the  weights  and  measures  of  the 
(7nion,  by  which  the  secrrtary  of  the  treasury  was  directed  to  supply  standards 
of  weights,  of  lengrlh,  and  of  capacity,  according  to  tlie  standards  of  Great  Britain, 
to  the  governors  of  states  and  revenue  collectors.  The  measure  of  time  and  cir- 
cular motion  is  the  same  in  America  and  Euroi>e.  The  Troy  weight  of  England 
was  adopted  by  the  U.  S.  for  weighing  coin  and  bullion.  Apothecaries  compound 
their  medicines  by  the  Troy  lb.  and  a  subdivision  of  their  own.  The  avoirdupois 
weight  used  in  England  is  also  our  legal  standard  for  weighing  all  other  articles 
bought  and  sold  by  weight  The  British  and  the  United  States  statute  acre,  square 
yirdC  square  foot,  and  square  inch,  and  the  mile,  yard,  foot,  and  inch,  are  the  same. 

Congress  retained  the  old  English  wine  gallon,  as  a  measure  for  liquids,  and  tlie 
Winchester  busliel  for  grain,  &c. ;  though  England  has  abandoned  both,  and  sub- 
stituted what  she  terms  the  imperial  measure,  whether  for  wines,  beer,  and  other 
liquids,  or  dry  articles  sold  by  measure  ;  her  imperial  gallon  is  exactly  1  l-5th  of 
our  wine  gallon,  and  measures  277.274  solid  inches  ;  our  Winchester  gallon  meas- 
uring 268.8,  or  about  8i  cubic  inches  less  ;  her  new  bushel  is  equal  to  1.032  of  ours  ; 
heaped  measure  w^as  abolished  by  law  in  Scotland  200  years  ago,  tliough  not 
always  in  practice.  England  recognises  it  in  recent  laws  and  die  United  States 
have  sometimes  ordered  duties  to  be  collected  by  it. 

Apothecaries'  Weight. — 20  grains  make  I  scruple  3 ,  3  scruples  1  dram  3 
8  drams  1  ounce  ?  ;  12  ounces  1  pound  J^. 

(U.  S.J  Troy  Weight. — 24  grains  make  1  pennyweight;  20  pennyweights,  1 
ounce ;  12  ounces  1  pound.  1  lb.  Troy  is  to  1  lb.  avoirdupois  as  144  is  to  175 ;  or, 
5,760  grains  make  I  lb.  Troy,  and  7,000  grains  1  lb.  Avoirdupois. 

fU  .SJ  Avoirdupois  IVeight. — [1  dram  or  27  11-32  grains  equal  1.7713 
grammes]— 16  drams  make  1  ounoe  [equal  to  28.334  grammes]  ;  16  ounces,  1 
pound  ;  28  pounds,  1  quarter ;  4  quarters,  1  hundred  weight ;  20  hundi-ed  weight,  or 
2,240  pounds.  I  ton. 

In  Philadelphia,  and  many  other  places  2,240  lbs.  are  generally  considered  a  ton. 
In  the  state  of  New  York,  unless  bv  special  bargain,  2,000  Iba  are  a  ton.  Sales 
by  the  lb.  are  the  most  common  ;  nothing  is  sold  by  tlie  cwi.  of  112  lbs.  In  Avoir- 
dn[>oi8,  7  lbs.  make  I  clove  of  wool,  and  14  lbs.  1  stone.  A  pack  of  wool  Is  240  lbs. 
In  Ohio,  when  sales  are  made  by  the  bushel,  without  a  special  agreement,  the 
following  are  the  legal  weightsof  a  bushel — wheat  60  lbs.;  Indian  corn  56  ;  barley 
48 ;  oats  39  ;  rye  56 ;  flaxseed  56 ;  clovorseed  64.  Com  is  usually  sold  in  the 
Western  States  56  lb."?,  to  the  bushel  In  Botton,  53  lbs.  are  considered  a  bushel 
of  V\'estem  com.     36  buslicls,  or  574  cubic  feet,  of  English  coal  make  1  chaldron. 

In  freifhlH.  by  the  rules  ol  the  N.  Y.  Chamber  of  Commerce,  a  ton  iscomjKised  of 
8  b.irrclsof  flour  ;  22  bushels  of  grain,  peas,  or  beans,  in  casks,  or  36  in  bulk;  36  bush- 
els Eamj)oan,  or  31  bushels  W.  I.  salt ;  6  barrels  of  beef,  i)ork,  tallow,  or  pickled 
fisli ;  200  gallons,  wine  measure,  of  oil,  wine,  brandy,  or  other  liquids ;  29  bushels 
of  sea-coal;  40  cubic  feet  of  square  tinil)er,  oaJt  plank,  pine,  cotton,  wool,  and  bale 
goodii ;  2,000  lbs.  of  bar  or  pig  iron,  ashes,  and  all  other  heavy  goods. 

fO.  S.J  Linear  Meannre. — 3 barley-corns  make  1  inch;  lamches  I  foot;  3  feet 
1  vard ;  54  yards  1  nid  or  pole ;  40  rods  I  furlong ;  8  furlongs  1  mik).  A  hand  is 
4  inches  ;  a  fathom  6  fein  :  120  fathoms  1  cable's  length  ;  a  cubh  \\  feet ;  6U4  stat- 
ute, or  60  sea  miles,  1  degree  ;  360  degrees  a  great  circle  of  the  earth  ;  3  miles  are 
a  leafl^  ;  1  link  is  equal  to  7.92  inches;  t00-=792  inches,  or  66  feet,  or  4  rods,  or 
1  cham  ;  80  chaiDa=.')20  rods,  or  1  mile. 

An  English  or  American  mile  is  5280  feet :  A  Dutch  mile  24303  feet ;  a  Ro- 
ma)>  4884  feet;  an  Arabian  6444  feet ;  a  Persian  Parasant?  18108  feet;  4 J  English 
miles  make  1  German  ;  2}  English  1  French  league ;  the  Spanish  and  Poli.sh  mile  is 
aboQt  3|  English  miles ;  tlie  Russian  mile  or  vcrNl  iH  alH)ut  tlin^^  icxirth  of  ao 
English  mile  ;  the  Haogarian,  Danish,  and  Swiss  mile  is  between  five  and  tax 
VngUsh  miles ;  the  Swedish  nearly  seven. 


380  WEIGHTS  AND  MEASURES. 

Cloth  Measvre. — 4  nails  or  9  inches  make  1  quarter ;  4  quarters,  1  yard. 

(U.  S.J  Square  Measvre. — 144  square  inches  make  1  square  foot;  9  sq.  feat, 
I  sq.  yard ;  30J  sq.  yards,  1  sq.  rod  ;  40  sq.  rods,  1  rood  ;  4  roods,  or  43r)60  feet, 
1   acre  ;  640  acres,  1  sq.  mile  ;  16  square  rods  or  10  square  chains  make  an  acre. 

(U.  S.J  Solid  Measure. — 1,728  cubic  inches  make  1  cubic  foot;  27  cubic  feet,  1 
cubic  yard  ;  42  cubic  feet,  1  ton  of  shipping;  40  cubic  feet,  1  ton  of  unhewn  tim- 
ber ;  .50  cubic  feet  1  ton  squared  timber.  A  pile  of  wood  8  feet  long,  4  feet  wide, 
and  4  feet  hitrh  (or  128  cubic  feet),  make  1  cord. 

(U.  S.J  Wine  Measvre. — 4  gills  make  1  pint;  2  pints.  1  quart;  4  quarts,  1  gal- 
lon; 31i  gallons,  1  barrel ;  63  gallons,  1  hogshead ;  2  hogsheads,  1  pipe ;  2  pipes,  1 
tun. 

fU.  S.J  Dry,  or  Winchester  Measure. — 4  gills  make  1  pint  =  33.6  cubic  inches 
=0.55053  French  litres;  2  pints  1  quart  =:  67-40  cubic  inches  =  1.10107  litres, 
4  quarts  1  gaUon=  268.8  cub.  in.  =  4.40428  litres;  2  gallons  1  peck  =  537.6  cub 
in.  =  8.808  litres;  4  pecks  1  bushel  =  2150.42  cub.  in.  =35.2343  litres;  5  quar- 
ters 1  wey  or  load. 

The  Winchester  bushel  is  18^  inches  wide  and  8  inches  deep;  it  contains  2150 
2-5  solid  inches,  being  47  1-5  less  than  the  imperial  bushel.  Of  wheat  the  bushel 
is  60  lbs.  The  barrel  of  flour  contains  5  Winchester  bushels,  and  weighs,  net,  196 
lbs.  The  barrel  of  Indian  com  contains  3  1-8  bushels.  The  weight  of  a  gallon  of 
molasses  is  usually  11  lbs.  but  sometimes  10  or  12. 

British  Imperial  [neio)  Standard  Measvre,  compared  with  Winchester  and. 
Wine  Measure. — Our  extensive  dealings  with  England  make  it  useful  for  business- 
men to  have  an  explanation  of  the  difference  between  the  imperial  measure  for 
liquids  and  dry  articles,  and  our  Winchester  and  wine  measures,  which  lattei 
were  formerly  used  in  England. 

By  the  imperial  standard,  adopted  in  England  in  1826,  1  gill  is  =  8.665  solid 
inches  :  4  gills  =  1  pint;  2  pints  1  quart;  4  quarts  1  gallon,  or  277.274  solid 
inches;  2  gallons  1  peck ;  4  pecks  1  bushel,  or  2218.191  inches;  4  bushels  are  1 
coomb ;  2  coombs  (8  bushels)  1  quarter. 

The  quarter  of  wheat  is  equal  to  the  quarter  of  a  ton  of  2240  lbs.  or  560  lbs. ;  70 
lbs.  in  weight  are  an  English  bushel  wheat,  while  60  lbs.  of  wheat  make  our  bush- 
el ;  so  that  the  U.  8.  wheat  bushel  is  just  6-7ths  of  the  English  or  imperial,  and  a 
quarter  of  wheat  in  England  is  equal  to  H  bushels  in  the  United  States,  though  in 
capacity  to  only  8j  bushels. 

The  U.  S.  grain  gallon  measures  268.8  solid  inches  ;  the  wine  gallon  231  inches ; 
the  imperial  measures  277J  inches ;  36  of  our  wine  gallons  are  very  nearly  equal 
to  30  imperial  gallons.  The  obsolete  English  ale  and  beer  gallon  measured  282 
cubic  inches. 

The  imperial  standard  gallon  is  a  measure  that  will  hold  10  lbs.  avoirdupois  of 
pure  (distilled)  water,  weighed  in  air  at  62°  Fahrenheit,  the  barometer  being  at 
30°. 

This  is  the  unit  standard  in  Britain  of  capacity,  for  liquids,  ale,  beer,  wine,  spir- 
its, and  dry  articles  not  measured  by  heaped  measure.  Our  Winchester  gallon 
weighs  9  lbs.  10  oz.  and  1  3-4  drams  of  pure  water. 

1  Winchester  quarter  =,  0.96945  of  an  imperial  quarter;  33  Winchester  quar- 
ters =  31.99175  imp. ;  98  W.  =  95.00581  imp. ;  100  W.  =  96.94470  imp. 

To  Reduce  the  Price  of  Wheat,  in  Sterling,  per  Imperial  Quarter,  to  Dollars 
and  Cents. — Reduce  the  shillings  per  quarter  into  dollars  and  cents,  at  24.2  eta. 
per  shilling,  and  divide  by  9i.  the  number  of  U.  S.  bushels  in  an  imperial  quarter. 

Example — Required  the  price  of  wheat  per  U.  8.  bushel  in  Liverpool,  when  it 
fetches  58s.  6d.  per  imperial  quarter  58s.  6d.  equals  814.15,  which,  divided  by 
9i  gives  $1.51^  the  price  per  busheL 


rOREIGN    WEIGHTS    AND    MEASURES^ 


38) 


TABLE  OF  FOREIGN  WEIGHTS  AND  MEASURES 

REDUCED   TO    THE   STANDARD    OF   THE    UNITED   STATES. 
(The  two  right  hand  figures  aro  the  hundredth  parts  of  a  whole  number.) 


FRANCS. 

3-28feet. 

I>ecimetre  (1-lOth  metre)....     394  inches. 

Velt 200  galls. 

Hectolitre 2642  galls. 

Decalitre 2-64  galls. 

Litre 211  pints. 

Kilolitre 35-32  feet. 

Hectolitre 2-84  bush. 

Decalitre 908  quarts. 

Millier 220.5  lbs. 

Quintal 220-54  lbs. 

Kilogramme 2-21  lbs. 

AKSTEBDAM. 

100  lbs.  1  centner 108-93  lbs. 

Last  of  grain 85-25  bush. 

\hmof  wine 4100  galls. 

Amsterdam  foot 0-93  toot. 

Antwerp  foot 0-94  foot. 

RhineJand  foot 1-03  feet. 

Amsterdamell 2-26  feet 

EU  of  the  Hague 2-28  feet. 

EU  of  the  Brabant 2-30  feet. 

NETHERLANDS. 

EHl 3-28feet. 

MuddeofZak 2-84  bush. 

Vat  hpctolitre 26  42  galls. 

Kan  litre 2-11  pints. 

Pond  kilogramme 2*21  lbs. 

HAMBURO. 

Last  of  grain 8964  bush. 

Ahm  of  wine 38-25  tails. 

Hamburg  foot 0-96  foot. 

ED l-92feet. 

PBt78.SIA. 

100  lbs.  of  2  Cologne  marks 

each 10311  lbs. 

Quintal,  110  lbs 113-42  lbs. 

Sheffel  of  grain 1-56  bush. 

Eimarofwioe 18  14  g»lW, 

Ell  of  cloth 2-19  feet. 

Foot l-03feet. 

DENMARK. 

100  Ibt.  1  centner 110-28  lbs. 

Barrel  or  topnde  of  com 3-95  bush. 

Viertel  of  wine 2-04  galls. 

Copenhs^en    or    Rhineland 

foot l^lfeet 

SWEDEN. 

100  lbs.  or  5  llspunds 73-76  lbs. 

Kan  of  com 7-42  bush. 

Lart 75Wbu8h. 

Cum  of  wine 6909  galls. 

EU  of  cloth 1-95  teet. 

,^  „  RtJSSIA 

100  Ibt.  of  33  laths  each 90-26  lbs. 

Cbertwert  of  grain 5-95  bush. 

V«dro  of  wine 3-25  galls. 

Petersburgh  foot Mg  feet 

''<*«>'' foot 110  feet 

'•^ 3eiK)lb» 


SPAIN. 

Quintal,  or  4  arrobas 101-44  lbs. 

Arroba 25-36  lbs. 

Arrobaofwine 4-43  galls. 

Fanega  of  grain 160  bush. 

PORTUGAL. 

100  lbs 101 19  lbs. 

22  lbs.  (1  arroba) 22  26  lbs. 

4  arrobas  of  22  lbs.  (1  quintal)  89-05  lbs. 

Alquiere 4-75  bush. 

Mojo  of  grain 2303  bush 

Last  of  salt 70-00  bush 

Almudeofwine 4-37  galls. 

SICILY. 

Cantaro  groso 192-50  lbs. 

Cantaro  sottile 175-00  lbs. 

100  lbs 7000  lbs. 

Salma  grossa  of  grain 9-77  bush. 

Salma  generale 7-85  bush. 

Sahnaof  wine 2306  galls. 

NAPLES. 

Cantaro  groso 19650  lbs. 

Cantaro  picolo 106  00  lbs. 

Carro  o    grain.............  52.24  bush. 

Carroofwine 264-00  galls. 

BOBIE. 

Rubbioof  grain 8-36  bush. 

Barih  of  wine 15-31  galls. 

GENOA. 

100  lbs.  or  peso  groso 76  87  lbs. 

100  lbs.  or  peso  sottile 69-89  lbs. 

Mina  of  grain 3  43  bush. 

Mezzarola  of  wine 39-22  galls. 

FLORENCE   AND  LEGHORN. 

100  lbs.  or  1  cantaro 74  86  lbs. 

Moggio  of  grain 1659  bush. 

Barileof  wine 12  04  galls. 

VENICE. 

100  lbs.  peso  groso 105  18  lbs. 

100  lbs.  peso  sottile 64  04  lbs. 

Moggio  of  grain 9  06  bush. 

Aniforaof  wine 137  00  galls. 

TRIESTE.' 

100  lbs 123-60  lbs. 

Stajo  of  grain 2  34  bush. 

Oraa  or  eimer  of  wine 14-94  galls. 

Ell  for  woollens 2-22  feet 

EU  for  silk 210  feet 

KALTA. 

100  lbs.  1  cantar 174-60  lbs. 

Salma  of  grain 822  bush 

Foot 0  85  foot 

SMTRNA. 

100  lbs.  (1  qutotal) 129  48  lbs, 

Oke 283  lbs. 

Quillot  of  grain 1-46  buslv 

Quillot  of  wine 13-50  galls. 

CHINA. 

Tail 1*33  ox. 

16  tails  1  catty l-33lbs. 

100  catties  1  plcui 133  25  lbs 


383 


GOLD    AND    SILVER    COINS. 


TABLE  OF  GOLD  AND  SILVER  COINS 

WZTH   THEIR  VALUE,   ACCORDING  TO  WEIGHT. 


GOLD  COINS. 


$    OTR. 


United  States  Double  Eagle 20  00 

tnitoA  States  Eagle  (since  1834) 10  00 

United  States  Eagle  (before  ia34) 10  50 

United  States  Half-Eagle  (since  1834)..  5  00 
United  States  Half-Eagle  (before  1834).  5  25 

United  States  Quarter  Eagle 2  50 

California  Half-Eagle 4  90  to  5  00 

United  States  Gold  Dollar 1  00 

Doubloon,    Mexico,    Central   America, 

New  Granada,  Ecuador,  Colombia, 

Peru,  Bolivia,  Chili 15  60 

Doubloon,  Spain 16  00 

Half-Doubloon,  Bolivia,  Peru,  &c 7  75 

Half-Doubloon,  Spain 8  00 

Quarter-Doubloon,  Mexico,  Colombia, 

Peru.  Bolivia,  Chili,  &,c 3  75 

Quarter-Doubloon,  Spain 4  00 

Eighth-Doubloon,  Spain 2  00 

Sixteenth-Doubloon,    Mexico,    Central 

America,  New  Granada,  &c 90 

Sixteenth-Doubloon,  Spain 1  00 

Half-Joe,  Brazil 8  50 

Half-Joe,  Portugal 6  to  8  50 

Eighth-Joe,  Portugal 1  75 

Moidore,  Brazil  and  Portugal... 4  75  to  6  00 
Tenth-Moidore,  Brazil  and  Portugal ...       50 

Crown,  Portugal 5  75 

Dobraon,  Portugal 34  00 

Five  Sovereigns,  England 24  20 

Double  Sovereign 9  67 

Sovereign 4  80  to  4  83 

Half-Sovereign 2  41 

Guinea 5  00 

Half-Guinea 2  50 

Third  of  a  Guinea 1  66 

One  Mohur,  East  India  Company 6  75 

Double  Louis  d'or,  France 9  00 

Louis  d'or 4  50 

Forty  Francs 7  66 

Twenty  Francs 3  83 

Six  Francs 1  12 

Ten  Thalera,  Germany 7  80 

FiveThalers 3  90 

Frederick  d'or,  Prussia 3  90 

Double  Frederick  d'or 7  80 

Sovereign 6  50 

Hnlf-Sovereign 3  25 

Ten  Gilders 3  98 

Five  Gilders 1  98 

Carolin 4  75 

Half-Carolin 2  85 

Quarter-Carolin 1  18 

Twelve  Marks 1  55 

Ducat.... 2  20 

Quadruple  Ducat,  Austria 8  80 

Twenty-Five  Francs 4  75 

Imperial,  Russia 7  78 

Half-Imperial,  or  Five  Roubles 3  90 

Hundred  Lire,  Italian  States 19  15 


Eighty  Lire 


Forty  Lire 7  6fl 

Twenty  Lire 3  83 

Ten  Lire 1  90 

Sequin 2  20 

Ten  Scudo 10  00 

Twenty  Drachms,  Greece 3  30 

Turkish  Gold  Coin 24 

SILVER  COINS. 

United  States  Dollar 1  00 

Half-Dollar 50 

Quarter-Dollar 25 

One  Dime 10 

Half-Dime 5 

Dollar,  Mexico,  Central  America,  New 
Granada,   Colombia,   Peru,    Chill, 

Argentine  Confederation,  &c 1  00 

Base  Dollar,  New  Granada 65 

Base  Dollar,  Bolivia 90 

960  Reis,  Brazil  and  Portugal 98 

1,200  Reis 1  00 

One  Real,  South  American  states.. 6  to  12 

Half-Dollar 30  to  50 

Quarter-Dollar 22  to  24 

Spanish  Dollar 1  00 

Half-Dollar 40  to  50 

Quarter-Dollar 23  to  24 

Head-Pistareen 18 

Pistareen 16 

Half-Pistareen 8 

Five  Pecetas 90 

One  Peceta 16 

Crusado,  Portugal 60 

Six  Vintems 12 

Testoon 6 

Crown,  England 1  00  fo  1  12 

Half-crown 50  to  56 

Shilling 23 

Sixpence 11 

Rupee,  East  India  Company 40 

Crown,  France 1  06 

Five  Francs 93 

Two  Francs 34 

One  Franc 17 

Crown,  Italy 93  to  97 

Scudo 86to  97 

One  Livre 17 

Rix-DoUar 93 

Florin 20 

Crown,  Gei-many 1  00  to  1  (« 

Thaler 66  to  1  02 

Florin 40  to  45 

Gilder 3fi 

Six  Stiver* 6 

Six  Kreutzers 2 

Ducatoon,  Germany 1  15 

Ducatoon,  Belgium 93 

Crown,  Switzerland 1  00 

Rix-DoUar,    Denmark,    Sweden,    Nor- 
way, &c 75  to  1  10 


15  32i  Rouble,  Russia 73 


COPYRIGHT.  383 


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HOTICES  OF  BEADLE'S  AMERICAN  LAWYER  &  FORM-BOOK. 


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Deau  Sir:  I  have  looked  through  the  "American  Lawyer  and  Business  Man's  Form 
Book,"  and  I  am  sure  that  it  will  be  found  a  most  useful  manual  to  a  man  of  business; 
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JOHN  M'LEAN. 

Jefferson  F.  Jackson,  Esq.,  United  States  District  Attorney  for  Alabama,  xoritea : 
•'  Your  book  will  be  of  great  value  to  our  profession." 

"  The  highly  practical  character  of  the  information  comprised  in  this  volume,  its  great 
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the  professional  man.  The  author  is  a  young  member  of  the  bar,  in  excellent  standing 
in  his  profession.  From  intimate  knowledge  we  do  not  hesitate  to  commend  his  indus- 
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the  author  is  in  correspondence  with  jurists  of  each  state,  submitting  to  them  his  labors, 
and  obtaining  the  latest  enactments  on  each  subject.  The  Maps  of  each  state,  bound  in 
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for  reference." — Journal  of  Commerce. 

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occur  in  which  it  becomes  necessary  to  observe  legal  accuracy  in  the  drawing  of  instru 
menta  and  papers,  and  yet  are  not  of  sufficient  moment  to  justify  seeking  legal  advice 
This  work  steps  in  at  tiiis  point  to  assist  The  proper  forms  and  directions  for  the 
transaction  of  all  kinds  of  business,  when  straightforward  and  free  from  intricacy,  are 
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to  oome  up  in  practical  business,  are  digested  so  as  to  prevent  mistakes.  A  great  variety 
of  tables,  such  as  tariff  of  postage,  interest  tables,  equation  of  time,  mensuration  rules, 
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We  should  suppose  that  merchants,  tradesmen,  and  householders  generally,  would  b« 
apt  to  find  great  saving  and  benefit  in  the  use  of  it"— New  York  Evangelist. 


i^'^'-' 


r 


